The legalities of using a scanner in the UK

Please read the following disclaimer before continuing.

Bigyun2000.co.uk provides a voluntary, non-profit operation. The information here is provided as information only. Listening to any broadcasts that you are unlicenced for in the UK is illegal. We shall not be liable to any person or persons with respect to any liability, loss or loss of personal freedom allegedly caused by the use of the information contained herein whether in the Uk or any other country.

Below is the RadioCommunications Agency's view as displayed on their web site http://www.radio.gov.uk 
  
RECEIVE ONLY - SCANNERS ETC INFORMATION SHEET

The purpose of this information sheet is to remove any confusion regarding the reception of personal or business radio transmissions by unauthorised persons or groups. It also gives guidance on the subject by setting out the legal position with regard to the Wireless Telegraphy Act 1949 (WT Act). How the legislation is applied will depend on the individual circumstances of the offence. 
 
Anyone who intends to listen to radio transmissions should be aware of the following:

A licence is not required for a radio receiver as long as it is not capable of transmission as well (The Wireless Telegraphy Apparatus (Receivers) (Exemption) Regulations 1989 (SI 1989 No 123). The exception to this is that it is an offence to listen to unlicensed broadcasters (pirates) without a licence. Licences are not issued for this purpose.

Although it is not illegal to sell, buy or own a scanning or other receiver in the UK, it must only be used to listen to transmissions meant for GENERAL RECEPTION. The services that you can listen to include Amateur and Citizens' Band transmissions, licensed broadcast radio and weather and navigation broadcasts.

It is an offence to listen to any other radio services unless you are authorised by the Secretary of State to do so.

There are two offences under law:

Under Section 5(b) of the WT Act 1949 it is an offence if a person "otherwise than under the authority of the Secretary of State or in his duty as a servant of the Crown", either: 
  i)  uses any wireless telegraphy apparatus with intent to obtain 
      information as to the contents, sender or addressee of any 
      message whether sent by means of wireless telegraphy or not, 
      which neither the person using the apparatus nor any person 
      on whose behalf he is acting is authorised by the Secretary 
      of State to receive; This means that it is illegal to listen 
      to anything other than general reception transmissions unless 
      you are either a licensed user of the frequencies in question 
      or have been specifically authorised to do so by the Secretary 
      of State. 
                                 or: 
  ii) except in the course of legal proceedings or for the purpose 
      of any report thereof, discloses any information as to the 
      contents, sender or addressee of any such message, being 
      information which would not have come to his knowledge but for 
      the use of wireless telegraphy apparatus by him or by another 
      person." This means that it is also illegal to tell a third party 
      what you have heard.

With certain exceptions, it is an offence under Section 1 of the Interception of Communications Act 1985 if a person- "intentionally intercepts a communication in the course of its transmission by post or by means of a public telecommunications system." This means that it is illegal to listen to telephone calls, including mobile phone networks which are designated as forming part of the public telecommunications system.

COMMON QUESTIONS ANSWERED

Q. Am I breaking the law by owning a scanner? 
A. No, but it is illegal to use one to listen to frequencies other than general reception transmissions or those parts of the radio spectrum which your transmitting licence, if you have one, allows you to use. You could be prosecuted for this. 
  
Q. Can I get a licence to use a scanner? 
A. No, there is no scanner licence.

Q. Could I get authority from the Secretary of State to listen to emergency service transmissions, for example? I am interested and might be able to help. 
A. No, the Secretary of State's authority is usually reserved for people acting at his request and on his behalf. If you wish to listen in to messages, you should obtain the permission of the person sending them.

Q. Isn't it all right to listen as long as I don't pass on what I hear? 
A. No, using radio equipment to listen in, except as provided by section 5(b) of the WT Act, is an offence, regardless of whether the information is passed on. 
  
Q. Isn't this all a bit heavy? 
A. No. No-one likes their private or business conversations to be listened to. Parliament has passed these laws to protect the privacy of radio users. 
  
If you require more information on the law regarding receive-only radio and scanners, please write to : 
  RA3/Enforcement Policy Unit, 
  Wyndham House 
  189 Marsh Wall 
  London 
  E14 9SX 
  
For further information on other radio matters contact the Agency's 24 hr Enquiry Point on 020 7211 0211 or e-mail on library.ra@gtnet.gov.uk or visit the Agency website at www.radio.gov.uk

RA 169 (REV 4) 
May 1999 
_______________________________________________________________________________

(Thank you Tristan )

Agree to these conditions

Disagree and leave