The Wireless Telegraphy (Content of Transmission) Regulations 1988

Statutory Instruments

1988 No. 47

TELEGRAPHS

The Wireless Telegraphy (Content of Transmission) Regulations 1988

Made

18th January 1988

Laid before Parliament

27th January 1988

Coming into force

17th February 1988

The Secretary of State, in exercise of the powers conferred by section 3 of the Wireless Telegraphy Act 1949(1) as enacted, and as extended by the Wireless Telegraphy (Channel Islands) Order 1952(2) and the Wireless Telegraphy (Isle of Man) Order 1952(3) and now vested in him(4), and all other powers enabling him in that behalf, hereby makes the following Regulations:—

1.  These Regulations may be cited as the Wireless Telegraphy (Content of Transmission) Regulations 1988 and shall come into force on 17th February 1988.

2.  In these Regulations —

“the Act” means the Wireless Telegraphy Act 1949;

“authorised broadcasting station” means a station for the time being duly authorised to conduct a broadcasting service pursuant to the Radio Regulations published by the General Secretariat of the International Telecommunication Union and for the time being in force;

“public telecommunication system” has the meaning given by section 9(1) of the Telecommunications Act 1984(5).

3.  Save as excepted by regulation 4, a person shall not use any station for wireless telegraphy or any wireless telegraphy apparatus to send a message, communication or other matter in whatever form that is grossly offensive or of an indecent, obscene or menacing character.

4.  Regulation 3 shall not apply in relation to the use by any person of an authorised broadcasting station or a public telecommunication system.

John Butcher

Parliamentary Under Secretary of State,

Department of Trade and Industry

18th January 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations prohibit the use of a station for wireless telegraphy and wireless telegraphy apparatus as set out in regulation 3 for the purpose of sending a message, communication or other matter that is grossly offensive or of an indecent, obscene or menacing character. A person who sends such a message, communication or other matter is guilty of an offence under the Act and may be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(1)

1949 c. 54.

(2)

S.I. 1952/1900.

(3)

S.I. 1952/1899.

(4)

1969 c. 48; S.I. 1969/1369, 1371, 1974/691.

(5)

1984 c. 12.