Broadcasting Act 1990

169 Offence of allowing premises to be used for purpose of unlawful broadcasting. U.K.

The following section shall be inserted in the 1949 Act after the section 1A inserted by section 168 above—

“1B Offence of allowing premises to be used for purpose of unlawful broadcasting.

(1) A person who is in charge of any premises which are used for making an unlawful broadcast, or for sending signals for the operation or control of any apparatus used for the purpose of making an unlawful broadcast from any other place, shall be guilty of an offence if—

(a) he knowingly causes or permits the premises to be so used; or

(b) having reasonable cause to believe that the premises are being so used, he fails to take such steps as are reasonable in the circumstances of the case to prevent the premises from being so used.

(2) For the purposes of this section a person is in charge of any premises if he—

(a) is the owner or occupier of the premises; or

(b) has, or acts or assists in, the management or control of the premises.

(3) For the purposes of this section a broadcast is unlawful if—

(a) it is made by means of the use of any station for wireless telegraphy or apparatus for wireless telegraphy in contravention of section 1 of this Act; or

(b) the making of the broadcast contravenes any provision of the Marine, &c., Broadcasting (Offences) Act 1967.

(4) In this section—

• “broadcast” has the same meaning as in the Marine, &c., Broadcasting (Offences) Act 1967;

• “premises” includes any place and, in particular, includes—

(a) any vehicle, vessel or aircraft; and

(b) any structure or other object (whether movable or otherwise and whether on land or otherwise).”

Modifications etc. (not altering text)

C1 Ss. 168-173 extended (with modifications) (1.6.1994) by S.I. 1994/1064, art. 3(2), Sch. Pt. II

C2 Ss. 168-173 extended (with modifications) (29.12.2003) by The Wireless Telegraphy (Jersey) Order 2003 (S.I. 2003/3196), arts. 1, 3(2), Sch. Pt. II; amendment to earlier affecting provision SI 2003/3196 (27.2.2004) by The Broadcasting and Communications (Jersey) Order 2004 (S.I. 2004/308), arts. 1(1), 6(1), Sch. 2