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An Act to suppress broadcasting from ships, aircraft and certain marine structures.
[14th July 1967]
C1Act extended by S.I. 1972/971, art. 4, Sch. 1 Pt. A
(1)It shall not lawful for a broadcast to be made from a ship or aircraft while it is in or over the United Kingdom or external waters, nor shall it be lawful for a broadcast to be made from 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.
(2)If a broadcast is made from a ship in contravention of the foregoing subsection, the owner of the ship, the master of the ship and every person who operates, or participates in the operation of, the apparatus by means of which the broadcast is made shall be guilty of an offence; and if a broadcast is made from an aircraft in contravention of that subsection, the operator of the aircraft, the commander of the aircraft and every person who operates, or participates in the operation of, the apparatus by means of which the broadcast is made shall be guilty of an offence.
(3)A person who procures the making of a broadcast in contravention of subsection (1) above shall be guilty of an offence.
(4)In subsection (2) above—
(a)“master”, in relation to a ship, includes any other person (except a pilot) having command or charge of the ship;
(b)“operator”, in relation to an aircraft, means the person for the time being having the management of the aircraft.
(1)It shall not be lawful for a broadcast to be made from—
(a)a structure in [F1any waters to which this section applies], being a structure affixed to, or supported by, the bed of those waters and not being a ship; or
(b)any other object in such waters, being neither a structure affixed or supported as aforesaid nor a ship or aircraft;
and if a broadcast is made in contravention of the foregoing provision, every person who operates, or participates in the operation of, the apparatus by means of which the broadcast is made shall be guilty of an offence.
(2)A person who procures the making of a broadcast in contravention of the foregoing subsection shall be guilty of an offence.
[F2(3)This section applies to—
(a)tidal waters in the United Kingdom;
(b)external waters; and
(c)waters in a designated area within the meaning of the Continental Shelf Act 1964.]
F1Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 171, Sch. 16 para. 1(2)
F2S. 2(3) inserted by Broadcasting Act 1990 (c. 42, SIF 96), s. 171, Sch. 16 para. 1(3)
(1)Subject to subsection (4) below, it shall not be lawful to make a broadcast which—
(a)is made from a ship (other than one registered in the United Kingdom, the Isle of Man or any of the Channel Islands) while the ship is within any area of the high seas prescribed for the purposes of this section by an order made by the Secretary of State; and
(b)is capable of being received in, or causes interference with any wireless telegraphy, in the United Kingdom.
(2)If a broadcast is made from a ship in contravention of subsection (1) above, the owner of the ship, the master of the ship and every person who operates, or participates in the operation of, the apparatus by means of which the broadcast is made shall be guilty of an offence.
(3)A person who procures the making of a broadcast in contravention of subsection (1) above shall be guilty of an offence.
(4)The making of a broadcast does not contravene subsection (1) above if it is shown to have been authorised under the law of any country or territory outside the United Kingdom.
(5)Any order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]
F1S. 2A inserted by Broadcasting Act 1990 (c. 42, SIF 96), s. 171, Sch. 16 para. 2
(1)[F1Subject to subsection (1A) below,] if a broadcast is made—
(a)from a ship other than one registered in the United Kingdom, the Isle of Man or any of the Channel Islands while the ship is on the high seas; or
(b)from an aircraft other than one so registered while the aircraft is on or over the high seas; or
(c)from a structure on the high seas, being a structure affixed to, or supported by, the bed of those seas and not being a ship; or
(d)from any other object on those seas, being neither a structure affixed or supported as aforesaid nor a ship or aircraft;
any of the persons mentioned in subsection (3) below who operates, or participates in the operation of, the apparatus by means of which the broadcast is made shall be guilty of an offence.
[F2(1A)Subsection (1)(a) above does not apply to any broadcast made in contravention of section 2A(1) of this Act, and subsections (1)(c) and (d) above do not apply to structures or other objects in waters falling within section 2(3)(c) of this Act.]
(2)A person who procures a broadcast to be made as mentioned in the foregoing subsection shall be guilty of an offence.
(3)The persons referred to in subsection (1) above are the following, namely:—
[F3(a)a British citizen, a British Dependent Territories citizen [F4, a British National (Overseas)] or a British Overseas Citizen; or
(b)a person who under the British Nationality Act 1981 is a British subject; or
(c)a British protected person (within the meaning of that Act).]
F1Words inserted by Broadcasting Act 1990 (c. 42, SIF 96), s. 171, Sch. 16 para. 3(a).
F2S. 3(1A) inserted by Broadcasting Act 1990 (c. 42, SIF 96), s. 171, Sch. 16 para. 3(b).
F3S. 3(3)(a)–(c) substituted for paras. (a)–(e) by British Nationality Act 1981 (c. 61, SIF 87), s. 52(b), Sch. 7.
F4Words inserted by S.I. 1986/948, art. 8, Sch.
(1)Any person who, from any place in the United Kingdom or external waters, participates in the management, financing, operation or day-to-day running of any broadcasting station by which broadcasts are made—
(a)in contravention of section 1, 2 or 2A(1) of this Act, or
(b)as mentioned in section 3(1)(a) of this Act,
shall be guilty of an offence.
(2)In this section “broadcasting station” means any business or other operation (whether or not in the nature of a commercial venture) which is engaged in the making of broadcasts.]
F1S. 3A inserted by Broadcasting Act 1990 (c. 42, SIF 96), s. 171, Sch. 16 para. 4.
(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 [F22(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.
F1S. 4(1)(aa)(ab) inserted by Broadcasting Act 1990 (c. 42, SIF 96), s. 171, Sch. 16 para. 5(2).
F2Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), ss. 4(6), 87(6), 171, Sch. 16 para. 5(3).
(1)A person who does any of the acts mentioned in subsection (3) below, and, if any intent or circumstances is or are specified in relation to the act, does it with that intent or in those circumstances, 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, where relevant, the intent and circumstances, referred to in subsection (1) above are the following namely:—
(a)supplying a [F2film or sound recording with intent that a broadcast of it]may be made in contravention of section 1(1) or [F3, 2(1) or 2A(1)] of this Act or as mentioned in section 3(1) thereof;
(b)making a literary, dramatic or musical work with intent that a broadcast of the work may be made as aforesaid;
(c)making an artistic work with intent that the work may be included in a television broadcast made as aforesaid;
(d)participating in a broadcast made as aforesaid, being actually present as an announcer, as a performer or one of the performers concerned in an entertainment given, or as the deliverer of a speech;
(e)advertising by means of a broadcast made as aforesaid or inviting another to advertise by means of a broadcast to be so made;
(f)publishing the times or other details of any broadcasts which are to be so made, or (otherwise than by publishing such details) publishing an advertisement of matter calculated to promote, directly or indirectly, the interests of a business whose activities consist in or include the operation of a station from which broadcasts are or are to be so made.
(4)For the purposes of this section if, by means of a broadcast made in contravention of section 1(1) [F3, 2(1) or 2A(1)]of this Act or as mentioned in section 3(1) thereof, it is stated, suggested or implied that any entertainment of which a broadcast is so made has been supplied by, or given at the expense of, a person, he shall, unless he proves that it was not so supplied or given, be deemed thereby to have advertised.
(5)For the purposes of this section advertising by means of a broadcast shall be deemed to take place as well wherever the broadcast is received as where it is made.
(6)In this section “speech” includes lecture, address and sermon, [F4and “film”, “sound recording”, “literary, dramatic or musical work” and “artistic work” have the same meaning as in Part I of the Copyright, Designs and Patents Act 1988 (copyright)].
F1S. 5(1)(aa)(ab) inserted in subsection (1) after para. (a) by Broadcasting Act 1990 (c. 42, SIF 96), s. 171, Sch. 16 para. 6(2).
F2Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 303(1), Sch. 7 para. 9(a).
F3Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 171, Sch. 16 para. 6(3).
F4Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 303(1), Sch. 7 para. 9(b).
(1)A person guilty of an offence under this Act shall be liable—
(a)on summary conviction, to imprisonment for a term not exceeding [F1six] months or to a fine not exceeding £400, or to both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
(2)Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against accordingly.
(3)Proceedings for an offence under this Act may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
(4)Notwithstanding anything in any enactment relating to courts of summary jurisdiction, summary proceedings for an offence under this Act may be instituted at any time within two years from the time when the offence was committed.
(5)Proceedings for an offence under this Act shall not, in England or Wales, be instituted otherwise than by or [F2with the consent of the Secretary of State or]the Director of Public Prosecutions and shall not, in Northern Ireland, be instituted otherwise than by or [F2with the consent of the Secretary of State or]the Attorney General for Northern Ireland; . . . F3
(6)A member of a police force shall, for the purpose of the enforcement of this Act, have in external waters all the powers, protection and privileges which he has in the area for which he acts as constable.
(7)In this section “director” in relation to a body corporate established by or under an enactment for the purpose of carrying on under national ownership an industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.
(8)In the application of this section to Northern Ireland, the following subsection shall be substituted for subsection (6):—
“(6)A member of the Royal Ulster Constabulary shall, for the purpose of the enforcement of this Act, have in external waters all the powers, protection and privileges which he has in Northern Ireland”.
F1Word substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 171, Sch. 16 para. 7(2)
F2Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 171, Sch. 16 para. 7(3)
F3Words repealed by Criminal Jurisdiction Act 1975 (c. 59), Sch. 6 Pt. I
(1)A person guilty of an offence under this Act shall be liable—
(a)on summary conviction, to imprisonment for a term not exceeding [F1six] months or to a fine not exceeding £400, or to both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
(2)Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against accordingly.
(3)Proceedings for an offence under this Act may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
(4)Notwithstanding anything in any enactment relating to courts of summary jurisdiction, summary proceedings for an offence under this Act may be instituted at any time within two years from the time when the offence was committed.
(5)Proceedings for an offence under this Act shall not, in England or Wales, be instituted otherwise than by or [F2with the consent of the Secretary of State or]the Director of Public Prosecutions and shall not, in Northern Ireland, be instituted otherwise than by or [F2with the consent of the Secretary of State or]the Attorney General for Northern Ireland; . . . F3
(6)A member of a police force shall, for the purpose of the enforcement of this Act, have in external waters all the powers, protection and privileges which he has in the area for which he acts as constable.
(7)In this section “director” in relation to a body corporate established by or under an enactment for the purpose of carrying on under national ownership an industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.
(8)In the application of this section to Northern Ireland, the following subsection shall be substituted for subsection (6):—
“(6)A member of the Royal Ulster Constabulary shall, for the purpose of the enforcement of this Act, have in external waters all the powers, protection and privileges which he has in Northern Ireland”.
F1Word substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 171, Sch. 16 para. 7(2)
F2Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 171, Sch. 16 para. 7(3)
F3Words repealed by Criminal Jurisdiction Act 1975 (c. 59), Sch. 6 Pt. I
(1)In any proceedings against a person for an offence under section 4 of this Act consisting in the carriage of goods or persons to or from a ship or aircraft it shall be a defence for him to prove—
(a)that the ship or aircraft was, or was believed to be, wrecked, stranded or in distress, and that the goods or persons carried were carried for the purpose of preserving the ship or aircraft, or its cargo or apparel, or saving the lives of persons on board of it; or
(b)that a person on board of the ship or aircraft was, or was believed to be, suffering from hurt, injury or illness, and that the goods or persons were carried for the purpose of securing that the necessary surgical or medical advice and attendance were rendered to him.
(2)In any proceedings against a person for an offence under section 4 of this Act consisting in the carriage of goods or persons to or from an object other than a ship or aircraft it shall be a defence for him to prove—
(a)that the object was, or was believed to be, unsafe, and that the goods or persons carried were carried for the purpose of saving the lives of persons therein or thereon; or
(b)that a person therein or thereon was, or was believed to be, suffering from hurt, injury or illness, and that the goods or persons were carried for the purpose of securing that the necessary surgical or medical advice and attendance were rendered to him.
(3)In any proceedings against a person for an offence under section 4 of this Act consisting in the carriage of a person to or from a ship or aircraft or to or from an object other than a ship or aircraft, it shall be a defence for him to prove that the person carried was visiting the ship, aircraft or object, as the case may be, for the purpose of exercising or performing any power or duty conferred or imposed on him by law.
(4)The references in subsections (1)(a) and (2)(a) above to persons’ having been carried for the purpose of saving lives shall not be construed so as to exclude the persons whose lives it was the purpose to save and the references in subsections (1)(b) and (2)(b) above to persons’ having been carried as therein mentioned shall not be construed so as to exclude the person who was, or was believed to be, suffering as so mentioned.
(1)The following persons are enforcement officers for the purposes of this section—
(a)persons authorised by the Secretary of State to exercise the powers conferred by subsection (5) below;
(b)police officers;
(c)commissioned officers of Her Majesty’s armed forces;
(d)officers commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979; and
(e)persons not falling within any of the preceding paragraphs who are British sea-fishery officers by virtue of section 7(1) of the Sea Fisheries Act 1968;
and in this subsection “armed forces” means the Royal Navy, the Royal Marines, the regular army and the regular air force, and any reserve or auxiliary force of any of those services which has been called out on permanent service, F2. . ., or embodied.
(2)If an enforcement officer has reasonable grounds for suspecting—
(a)that an offence under this Act has been or is being committed by the making of a broadcast from any ship, structure or other object in external waters or in tidal waters in the United Kingdom or from a ship registered in the United Kingdom, the Isle of Man or any of the Channel Islands while on the high seas,
(b)that an offence under section 2 of this Act has been or is being committed by the making of a broadcast from a structure or other object in waters falling within subsection (3)(c) of that section, or
(c)that an offence under section 2A of this Act has been or is being committed by the making of a broadcast from a ship,
and the Secretary of State has issued a written authorisation for the exercise of the powers conferred by subsection (5) below in relation to that ship, structure or other object, then (subject to subsections (6) and (7) below) the officer may, with or without persons assigned to assist him in his duties, so exercise those powers.
(3)If—
(a)the Secretary of State has issued an authorisation under subsection (2) above for the exercise of the powers conferred by subsection (5) below in relation to any ship, structure or other object, and
(b)an enforcement officer has reasonable grounds for suspecting that an offence under section 4 or 5 of this Act has been or is being committed in connection with the making of a broadcast from that ship, structure or other object,
then (subject to subsections (6) and (7) below) the officer may, with or without persons assigned to assist him in his duties, also exercise those powers in relation to any ship, structure or other object which he has reasonable grounds to suspect has been or is being used in connection with the commission of that offence.
(4)Where—
(a)an enforcement officer has reasonable grounds for suspecting that an offence under section 4 or 5 of this Act has been or is being committed in connection with the making of a broadcast from a ship, structure or other object, but
(b)an authorisation has not been issued under subsection (2) above for the exercise of the powers conferred by subsection (5) below in relation to that ship, structure or other object,
then (subject to subsections (6) and (7) below) the officer may, with or without persons assigned to assist him in his duties, nevertheless exercise those powers in relation to any ship, structure or other object which he has reasonable grounds to suspect has been or is being used in connection with the commission of that offence if the Secretary of State has issued a written authorisation for the exercise of those powers in relation to that ship, structure or other object.
Marine, &c., Broadcasting (Offences) Act 1967