Marine, &c., Broadcasting (Offences) Act 1967 (repealed)

4 Prohibition of acts facilitating broadcasting from ships, aircraft, &c. U.K.

(1) A person who does any of the acts mentioned in subsection (3) below, while satisfying the condition as to knowledge or belief mentioned in the case of that act, shall be guilty of an offence if—

(a) he does the act in the United Kingdom or external waters or in a ship registered in the United Kingdom, the Isle of Man or any of the Channel Islands or an aircraft so registered while the ship or aircraft is elsewhere than in or over the United Kingdom or external waters; or

[F1 (aa) where paragraph (a) above does not apply but the broadcasts in question are made, or are to be made, from any structure or other object (not being a ship or aircraft) in waters falling within section 2(3)(c) of this Act, he does the act on that structure or other object within those waters; or

(ab) where paragraph (a) above does not apply but the broadcasts in question are made, or are to be made, from a ship in contravention of section 2A(1) of this Act, he does the act in that ship within any such area of the high seas as is mentioned in paragraph (a) of that provision; or]

(b) being a person mentioned in section 3(3) of this Act, he does the act on or over the high seas.

(2) A person who, in the United Kingdom, procures another person to do, outside the United Kingdom, anything which, if it had been done in the United Kingdom by the last-mentioned person, would have constituted an offence under the foregoing subsection, shall be guilty of an offence.

(3) The acts, and conditions as to knowledge or belief, referred to in subsection (1) above are the following namely:—

(a) furnishing or agreeing to furnish to another a ship or aircraft knowing, or having reasonable cause to believe, that broadcasts are to be made from it in contravention of section 1(1) of this Act or while it is on or over the high seas;

(b) carrying or agreeing to carry in a ship or aircraft wireless telegraphy apparatus knowing, or having reasonable cause to believe, that by means thereof broadcasts are to be made from the ship or aircraft as aforesaid;

(c) supplying to, or installing in, a ship or aircraft wireless telegraphy apparatus knowing, or having reasonable cause to believe, that by means thereof broadcasts are to be made from the ship or aircraft as aforesaid;

(d) supplying any wireless telegraphy apparatus for installation on or in, or installing any such apparatus on or in, any structure or other object (not being, in either case, a ship or aircraft) knowing, or having reasonable cause to believe, that by means of that apparatus broadcasts are to be made from the object in contravention of section 2(1) of this Act or while the object is on the high seas;

(e) repairing or maintaining any wireless telegraphy apparatus knowing, or having reasonable cause to believe, that, by means thereof, broadcasts are made, or are to be made, in contravention of section 1(1) or [F2 2(1) or 2A(1)]of this Act or as mentioned in section 3(1) of this Act;

(f) knowing, or having reasonable cause to believe, in the case of a ship or aircraft, that broadcasts are made, or are to be made, from it in contravention of section 1(1) of this Act or while it is on or over the high seas—

(i) supplying any goods or materials for its operation or maintenance, for the operation or maintenance of wireless telegraphy apparatus installed therein or for the sustentation or comfort of the persons on board of it;

(ii) carrying by water or air goods or persons to or from it;

(iii) engaging a person as an officer or one of the crew of it;

(g) knowing, or having reasonable cause to believe, in the case of a structure or other object (not being, in either case, a ship or aircraft), that broadcasts are made, or are to be made, from it in contravention of section 2(1) of this Act or while it is on the high seas—

(i) supplying any goods or materials for its maintenance, for the operation or maintenance of wireless telegraphy apparatus installed therein or thereon or for the sustentation or comfort of the persons therein or thereon;

(ii) carrying by water or air goods or persons thereto or therefrom;

(iii) engaging a person to render services therein or thereon.

[F3 (3A) Section 46 of the Consumer Protection Act 1987 (meaning of supply) shall have effect for construing references in this section to the supply of any thing as it has effect for the purpose of construing references in that Act to the supply of goods.]

Textual Amendments

F1 S. 4(1)(aa)(ab) inserted by Broadcasting Act 1990 (c. 42, SIF 96), s. 171, Sch. 16 para. 5(2).

F2 Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), ss. 4(6), 87(6), 171, Sch. 16 para. 5(3).

F3 S. 4(3A) inserted (18.9.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 32 (with Sch. 18); S.I. 2003/1900, art. 2(2), Sch. 2