TV License Laws

TV Licences are legal permissions that allow a person to install and use a television, watch programmes online and download BBC programmes when required. The TV Licence is required irrespective of which channels a person watches and is not, as is often mistakenly believed, a payment for BBC programmes alone. However, the BBC is funded by the TV Licence fees.

The following article explains TV Licenses, including why they are required, who needs to have one and the penalties for installing and watching a TV without a licence.

Why is a TV Licence needed?

As per the Communications Act 2003 and Communications (Television Licensing) Regulations 2004, those who install and watch a television are required to have a TV Licence and pay a fee for it. It is unlawful to watch, download or record programmes on any channel or on any platform if a valid TV Licence is not held.

The fee that is paid for the TV Licence is used to fund the BBC as per the contents of the regulations.

TV Licence Legislation

The Communications Act 2003 and Communications (Television Licensing) Regulations 2004 gives the BBC the lawful power to amend and create the terms of a TV licence. It also allows the government to regulate when a person is exempt from paying or entitled to a reduced fee. The Act also sets out that it is an offence for a person to use any TV receiving equipment if they intend to install or use it in any way that contravenes the main offence as explained above.

Definitions of a ‘television set’ are outlined in the Communications (Television Licensing) Regulations 2004. These regulations also detail the various TV licences, how they can be obtained, what the fees are for each and the available concessions - including for those in a variety of living situations, those over the age of 74 and for the blind.

Is a TV Licence needed just for ownership of a TV?

The law does not demand that a TV Licence is held by those who own a TV set only. It is a legal requirement to have a valid TV Licence if the TV set is used to watch or record programmes as they are shown or by downloading or recording them.

The TV Licence is required even if all programmes are watched on catch up, recordings, downloads or online and it does not matter which channel the programme is aired on.

Is a TV Licence needed if I don't watch BBC programmes?

The TV Licence affords an individual the legal authority to install and watch television equipment as well as to download programmes from the BBC online. Even if the television owner does not watch any BBC programmes, the TV licence is required. It is also important to note that if the programmes are watched on a laptop, computer tablet or another device that is not a TV set, the TV Licence is still a legal requirement.

The fees for the TV Licence are used to fund the BBC, but the licence is not a subscription to BBC services. The BBC acts as the licensing authority which gives it the right to collect fees and issue the licence.

Is it unlawful to watch programmes on devices other than a TV set without a Television Licence?

Watching a programme live or on demand, downloading a BBC programme or watching catch up tv or BBC iPlayer are all activities that legally require a TV Licence. This means that if a person does not own a television but watches their programmes on a laptop, tablet, phone or other device, they will need a TV Licence to do so legally.

Are TV Licences covered by consumer law?

When a TV Licence is issued, it is not recognised as a sale of goods or services, and as such, consumer law does not apply. Instead, the BBC, as the issuing authority, has a relationship with the TV Licence holder that is subject to public law.

When might a TV licence be cancelled?

There are a number of policies in place to determine the circumstances when a TV licence might be cancelled. The licence will last for the specified amount of time, unless the BBC cancelled it previously. According to Section 364(4) of the Communications Act, the BBC has the authority to cancel a TV licence in the following circumstances:

• If the licence holder has breached the terms of the licence
• In cases of fraud or error
• When there has been a change of circumstances
• For administrative reasons.

1) Breaching the terms of a TV licence

The BBC can cancel a TV licence if the owner breaches the terms and conditions, such as by failing to pay the fees due. To do this, the BBC is required to give the licence holder a reasonable opportunity to rectify any issues before cancellation and must communicate the action with fair warning.

2) Fraud or error

If the BBC are aware of intentional fraud relating to TV licencing or if a mistake has been made with the amount charged - for example, an over 75 discount is applied to a person's licence under that age - they may cancel the licence.

3) Change of Circumstances

A TV licence can be cancelled if the owner informs the TV Licensing Company that their circumstances have changed and the licence is no longer needed. If the claim is accepted as justified, the licence can be cancelled, and if necessary, a refund may be issued.

4) Administrative Reasons

It may be necessary to cancel an existing TV licence and start a new one if the customer wants to change their payment scheme.

When a TV licence is to be cancelled, written notification will be sent to the licence holder in accordance with the Communications Act 2003.