TV LICENCE DETECTION

PC users who've been watching for free on their PCs via the BBC's website need to buy themselves a TV licence, according to the licensing authority. The advent of broadband xDSL and cable modem services means more and more people will be tuning in on their computer screens instead of watching on their TVs. And, it seems, the licensing authorities have already thought about this one and are advising anyone who asks that yes, you do need to buy a full TV licence if you're tuning in on your PC.

"...a television licence is required if you use television receiving equipment to record and/or receive certain television programme services," says Anthony Hardwell, Policy Manager of the Post Office Policy Group. "This means a licence is needed to receive BBC, ITV, Channels 4 and 5, digital television, other terrestrial services, satellite television (from a place in the United Kingdom) and cable television."

So far, so reasonable - if you have a TV, you need a licence. However, Mr Hardwell goes on, "With this in mind it does not matter how the service is received but whether or not it is." The Post Office's Michael Collins of their Customer Services department said, "If your computer is capable of receiving live broadcasts, whether on-line, through an aerial or satellite dish, then it is classed as television receiving equipment..." And, just in case you were wondering how on earth they'll know you're watching the news online, Mr Hardwell adds, "Finally our detection equipment is capable of picking up television reception via computer."

The Television Licensing Authority seems to be admitting defeat in the quest to winkle out viewers illegally watching TV programs on their computers in the UK. The TVLA has issued a statement saying: "A licence is required to install and use any equipment capable of receiving TV signals - including PC-TVs. If an address already has a licence this would cover the watching of television programme services via a PC on the premises. Our ability to use both detector vans and hand-held equipments forms part of our enforcement activity. We have a comprehensive database detailing the licence status of 26 million addresses nationwide.

This database includes information from dealers who are legally required to inform TV Licensing of sales and rentals of equipment capable of receiving TV signals, including PCs with TV cards. We are able to cross reference the information supplied by dealers with that on our database. Where we suspect someone is watching TV without a licence an enquiry officer can visit the property. Anyone caught without a licence faces a visit to a magistrates court and a £1000 fine."

Of course, their problem then is proving that you're actually watching something from, for example, the BBC website on your PC. At the moment their system works by cross-referencing addresses with the database of those who've bought a licence and/or a TV (or video or a DVD player which Tesco insist is the same as a VCR for licensing purposes) then sending round the lads in anoraks with the fake aerials on their van roof to see if you're watching Coronation Street on your unlicensed receiver.

They simply can't do this because unless they have some unknown technology their detection equipment won't pick up what's on your PC screen. Or are those guys out in the front garden using some special kind of x-ray specs to see through your curtains? The TVLA have said that they'll only be chasing people watching those programs in the UK. Foreigners and ex-pats can carry on doing so for free, but any UK PC owners doing so who don't already have a TV licence need to run, not walk, down to the Post Office and shell out for a licence.

The licence, for those of a foreign persuasion, is collected by a British Government agency and used to fund the BBC - it pays for all their TV and radio programming. You have to have a licence even if you never watch the BBC - even if you only ever watch independent TV (which funds itself via advertising) you have to have one. Until now, anti-licence campaigners like Advocacy for Licence Fee Abolition and the Campaign to Abolish the TV Licence say the licensing authority has based its prosecutions on the 1949 Wireless Telegraphy Act, and that people were being prosecuted for owning sets without a licence.

Now, however, the TVLA say the Act contains no definition of what's a telly at all, and that they can collect from anyone who's watching any UK-broadcast programs while living in the country. "The Wireless Telegraphy Act 1949 (as amended) is the primary legislation," says Anthony Hardwell, Policy Manager of the Post Office Policy Group. "Within this the licence fee is permission to receive or record television programme services using television receiving equipment, there is no definition of receiving equipment and...it doesn't matter how you receive the signal, it's whether or not you do."

He added, "A simple statement in writing from a customer stating that they do not wish to receive or record television programme services is sufficient for our records, the simple fact of owning a television set does not and never has required licence cover. It is true that certain people may wish to try and 'cheat' the system however our regular checks of properties using detection equipment reveal who is breaking the law. The use of equipment for viewing pre-recorded videos or for that matter as a monitor for a game playing computer does not and never has required television licence cover."

Elaine Barnes, who lives in Allestree, bought a Freeview box from Dixons as a present for her mother, Mrs Carol Harrison, of Breadsall and Dixons informed the TVLA of the purchase. Dealers are legally required to inform TV Licensing of sales and rentals of equipment capable of receiving TV signals. However, the Freeview box proved to be faulty and was subsequently returned to Dixons.

Soon after, Mrs Barnes received a letter from the TVLA stating that as they had no record of Mrs Harrison having a licence for that address, they had included an application form. She was reminded of the need for a TV licence and was threatened with legal action if she failed to comply.

As it is the property that is licenced and not the householder, the TVLA could have easily checked their database to confirm that the premises were already licenced. Also, the simple fact of owning a television set or other signal receiving equipment does not and never has required licence cover. The onus should be on the TVLA to prove a licence is required and not the property owner to prove it isn't.

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