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Wireless Telegraphy Bill [HL]


Wireless Telegraphy Bill [HL]
Part 5 — Prohibition of broadcasting from sea or air

48

 

(3)   

A person commits an offence if he procures a broadcast to be made in

contravention of subsection (1).

(4)   

The making of a broadcast does not contravene subsection (1) if it is shown to

have been authorised under the law of a country or territory outside the United

Kingdom.

5

(5)   

“Prescribed” means prescribed for the purposes of this section by an order

made by the Secretary of State.

80      

Acts connected with broadcasting

(1)   

A British person commits an offence if he operates, or participates in the

operation of, apparatus by means of which a broadcast is made—

10

(a)   

from a ship (other than a British-registered ship) while it is on the high

seas;

(b)   

from an aircraft (other than a British-registered aircraft) while it is on or

over the high seas;

(c)   

from a structure (other than a ship) that is affixed to, or supported by,

15

the bed of the high seas; or

(d)   

from an object on the high seas (other than a structure falling within

paragraph (c), a ship or an aircraft).

(2)   

Subsection (1) does not apply—

(a)   

by virtue of paragraph (a), to a broadcast made in contravention of

20

section 79(1);

(b)   

by virtue of paragraph (c) or (d), to a broadcast made from a structure

or other object in waters in a designated area.

(3)   

A person commits an offence if he procures a broadcast to be made as

mentioned in subsection (1).

25

81      

Management of station

(1)   

A person commits an offence if, from anywhere in the United Kingdom or

external waters, he participates in the management, financing, operation or

day-to-day running of a broadcasting station by which broadcasts are made—

(a)   

in contravention of section 77(1), 78(2) or 79(1); or

30

(b)   

as mentioned in section 80(1)(a).

(2)   

In this section “broadcasting station” means a business or other operation

(whether or not in the nature of a commercial venture) that is engaged in the

making of broadcasts.

82      

Facilitating broadcasting from ships or aircraft

35

(1)   

A person commits an offence if he provides a ship or aircraft to another, or

agrees to do so, knowing, or having reasonable cause to believe, that

broadcasts are to be made from it—

(a)   

in contravention of section 77(1); or

(b)   

while it is on or over the high seas.

40

(2)   

A person commits an offence if—

(a)   

he carries wireless telegraphy apparatus in a ship or aircraft, or agrees

to do so, or

 
 

Wireless Telegraphy Bill [HL]
Part 5 — Prohibition of broadcasting from sea or air

49

 

(b)   

he supplies wireless telegraphy apparatus to a ship or aircraft, or instals

such apparatus in a ship or aircraft,

   

knowing, or having reasonable cause to believe, that by means of the apparatus

broadcasts are to be made from the ship or aircraft as mentioned in subsection

(1).

5

(3)   

A person commits an offence if—

(a)   

he supplies goods or materials—

(i)   

for the operation or maintenance of a ship or aircraft,

(ii)   

for the operation or maintenance of wireless telegraphy

apparatus installed in a ship or aircraft, or

10

(iii)   

for the sustenance or comfort of the persons on board a ship or

aircraft,

(b)   

he carries by water or air goods or persons to or from a ship or aircraft,

or

(c)   

he engages a person as an officer or one of the crew of a ship or aircraft,

15

   

knowing, or having reasonable cause to believe, that broadcasts are made, or

are to be made, from the ship or aircraft as mentioned in subsection (1).

(4)   

In proceedings for an offence under this section consisting in carrying goods or

persons to or from a ship or aircraft, it is a defence for the defendant to prove—

(a)   

that the ship or aircraft was, or was believed to be, wrecked, stranded

20

or in distress, and that the goods or persons were carried for the

purpose of—

(i)   

preserving the ship or aircraft, or its cargo or equipment, or

(ii)   

saving the lives of persons on board the ship or aircraft; or

(b)   

that a person on board the ship or aircraft was, or was believed to be,

25

hurt, injured or ill, and that the goods or persons were carried for the

purpose of securing that he received the necessary surgical or medical

advice and attendance.

(5)   

The reference in subsection (4)(a) to persons carried for the purpose of saving

lives is not to be read as excluding the persons whose lives were to be saved.

30

(6)   

The reference in subsection (4)(b) to persons carried for the purpose of securing

that advice and attendance were received is not to be read as excluding the

person who was (or was believed to be) hurt, injured or ill.

(7)   

In proceedings for an offence under this section consisting in carrying a person

(“A”) to or from a ship or aircraft, it is a defence for the defendant to prove that

35

A was visiting the ship or aircraft for the purpose of exercising or performing

a power or duty conferred or imposed on A by law.

(8)   

This section is subject to section 86.

83      

Facilitating broadcasting from structures etc

(1)   

A person commits an offence if he instals wireless telegraphy apparatus on or

40

in a structure or other object, or supplies such apparatus for installation on or

in a structure or other object, knowing, or having reasonable cause to believe,

that by means of the apparatus broadcasts are to be made from it—

(a)   

in contravention of section 78(2); or

(b)   

while it is on the high seas.

45

(2)   

A person commits an offence if, in the case of a structure or other object—

 
 

Wireless Telegraphy Bill [HL]
Part 5 — Prohibition of broadcasting from sea or air

50

 

(a)   

he supplies goods or materials—

(i)   

for its maintenance,

(ii)   

for the operation or maintenance of wireless telegraphy

apparatus installed in or on it, or

(iii)   

for the sustenance or comfort of the persons in or on it,

5

(b)   

he carries goods or persons to or from it by water or air, or

(c)   

he engages a person to render services in or on it,

   

knowing, or having reasonable cause to believe, that broadcasts are made, or

are to be made, from the structure or other object as mentioned in subsection

(1).

10

(3)   

In proceedings for an offence under this section consisting in carrying goods or

persons to or from a structure or other object, it is a defence for the defendant

to prove—

(a)   

that it was, or was believed to be, unsafe, and that the goods or persons

were carried for the purpose of saving the lives of persons in or on it; or

15

(b)   

that a person in or on it was, or was believed to be, hurt, injured or ill,

and that the goods or persons were carried for the purpose of securing

that he received the necessary surgical or medical advice and

attendance.

(4)   

The reference in subsection (3)(a) to persons carried for the purpose of saving

20

lives is not to be read as excluding the persons whose lives were to be saved.

(5)   

The reference in subsection (3)(b) to persons carried for the purpose of securing

that advice and attendance were received is not to be read as excluding the

person who was (or was believed to be) hurt, injured or ill.

(6)   

In proceedings for an offence under this section consisting in carrying a person

25

(“A”) to or from a structure or other object, it is a defence for the defendant to

prove that A was visiting it for the purpose of exercising or performing a

power or duty conferred or imposed on A by law.

(7)   

In this section references to a structure or other object do not include references

to a ship or aircraft.

30

(8)   

This section is subject to section 86.

84      

Maintaining or repairing apparatus

(1)   

A person commits an offence if he repairs or maintains wireless telegraphy

apparatus knowing, or having reasonable cause to believe, that by means of it

broadcasts are made, or are to be made—

35

(a)   

in contravention of section 77(1), 78(2) or 79(1); or

(b)   

as mentioned in section 80(1).

(2)   

This section is subject to section 86.

85      

Acts relating to broadcast material

(1)   

A person commits an offence if—

40

(a)   

he supplies a film or sound recording knowing, or having reasonable

cause to believe, that an unlawful broadcast is to be made of it;

 
 

Wireless Telegraphy Bill [HL]
Part 5 — Prohibition of broadcasting from sea or air

51

 

(b)   

he makes a literary, dramatic or musical work knowing, or having

reasonable cause to believe, that an unlawful broadcast is to be made of

it;

(c)   

he makes an artistic work knowing, or having reasonable cause to

believe, that it is to be included in an unlawful television broadcast;

5

(d)   

he participates in an unlawful broadcast;

(e)   

he advertises by means of an unlawful broadcast or invites another to

advertise by means of an unlawful broadcast that is to be made;

(f)   

he publishes the times or other details of unlawful broadcasts that are

to be made, or (otherwise than by publishing such details) publishes an

10

advertisement of matter calculated to promote (whether directly or

indirectly) the interests of a business whose activities consist in or

include the operation of a station from which unlawful broadcasts are

or are to be made.

(2)   

An unlawful broadcast is a broadcast made—

15

(a)   

in contravention of section 77(1), 78(2) or 79(1); or

(b)   

as mentioned in section 80(1).

(3)   

A person participates in a broadcast only if he is actually present—

(a)   

as an announcer;

(b)   

as a performer or one of the performers concerned in an entertainment

20

given; or

(c)   

as the deliverer of a speech.

(4)   

The cases in which a person is to be taken for the purposes of this section as

advertising by means of a broadcast include any case in which he causes or

allows it to be stated, suggested or implied that entertainment included in the

25

broadcast—

(a)   

has been supplied by him; or

(b)   

is provided wholly or partly at his expense.

(5)   

For the purposes of this section advertising by means of a broadcast takes place

not only where the broadcast is made but also wherever it is received.

30

(6)   

This section is subject to section 86.

86      

Facilitation offences: territorial scope

(1)   

A person who does an act mentioned in section 82, 83, 84 or 85 does not commit

an offence under that section unless condition A, B, C, D or E is satisfied.

(2)   

Condition A is satisfied if he does the act in the United Kingdom or external

35

waters.

(3)   

Condition B is satisfied if he does the act in a British-registered ship or British-

registered aircraft while it is not in or over the United Kingdom or external

waters.

(4)   

Condition C is satisfied if, in a case where—

40

(a)   

neither condition A nor condition B is satisfied, but

(b)   

the broadcasts in question are made, or are to be made, from a structure

or other object (which is not a ship or aircraft) in waters in a designated

area,

   

he does the act on that structure or other object within those waters.

45

 
 

Wireless Telegraphy Bill [HL]
Part 5 — Prohibition of broadcasting from sea or air

52

 

(5)   

Condition D is satisfied if, in a case where—

(a)   

neither condition A nor condition B is satisfied, but

(b)   

the broadcasts in question are made, or are to be made, from a ship in

contravention of section 79(1),

   

he does the act in that ship within an area of the high seas that is prescribed for

5

the purposes of section 79.

(6)   

Condition E is satisfied if—

(a)   

he is a British person; and

(b)   

he does the act on or over the high seas.

87      

Procuring person to commit offence abroad

10

A person commits an offence if he procures, in the United Kingdom, another

person to do, outside the United Kingdom, anything that would have

constituted an offence under sections 82 to 85 had the other person done it in

the United Kingdom.

Enforcement

15

88      

Enforcement officers

(1)   

For the purposes of sections 89 to 92 enforcement officers are—

(a)   

persons authorised by the Secretary of State or OFCOM to exercise the

powers conferred by sections 89 and 90;

(b)   

police officers;

20

(c)   

commissioned officers of Her Majesty’s armed forces;

(d)   

officers of Revenue and Customs; and

(e)   

other persons who are British sea-fishery officers by virtue of section

7(1) of the Sea Fisheries Act 1968 (c. 77).

(2)   

A reference in sections 89 to 92, in relation to an enforcement officer, to an

25

assistant is a reference to a person assigned to assist the enforcement officer in

his duties.

(3)   

In this section “armed forces” means the Royal Navy, the Royal Marines, the

regular army and the regular air force, and a reserve or auxiliary force of any

of those services that has been called out on permanent service or embodied.

30

89      

Enforcement powers

(1)   

If conditions A and B are satisfied in the case of a ship, structure or other object,

an enforcement officer may, with or without assistants, exercise the powers

mentioned in subsection (4) in relation to it.

(2)   

Condition A is satisfied if the enforcement officer has reasonable grounds for

35

suspecting that—

(a)   

an offence under this Part has been or is being committed by the

making of a broadcast—

(i)   

from a ship, structure or other object in external waters or in

tidal waters in the United Kingdom, or

40

(ii)   

from a British-registered ship while it is on the high seas;

 
 

Wireless Telegraphy Bill [HL]
Part 5 — Prohibition of broadcasting from sea or air

53

 

(b)   

an offence under section 78 has been or is being committed by the

making of a broadcast from a structure or other object in waters in a

designated area; or

(c)   

an offence under section 79 has been or is being committed by the

making of a broadcast from a ship.

5

(3)   

Condition B is satisfied if a written authorisation has been issued by the

Secretary of State or OFCOM for the exercise of the powers mentioned in

subsection (4) in relation to that ship, structure or other object.

(4)   

The powers are—

(a)   

to board and search the ship, structure or other object;

10

(b)   

to seize and detain it, and any apparatus or other thing found in the

course of the search that appears to him—

(i)   

to have been used, or to have been intended to be used, in

connection with the commission of the suspected offence, or

(ii)   

to be evidence of the commission of the suspected offence;

15

(c)   

to arrest and search any person who he has reasonable grounds to

suspect has committed or is committing an offence under this Part if—

(i)   

the person is on board the ship, structure or other object, or

(ii)   

the officer has reasonable grounds for suspecting that the

person was on board at, or shortly before, the time when the

20

officer boarded the object;

(d)   

to arrest any person—

(i)   

who assaults him, or an assistant of his, while exercising any of

the powers mentioned in this subsection, or

(ii)   

who intentionally obstructs him, or an assistant of his, in the

25

exercise of any of those powers;

(e)   

to require any person on board the ship, structure or other object to

produce any documents or other items that are in his custody or

possession and are or may be evidence of the commission of an offence

under this Part;

30

(f)   

to require any such person to do anything for the purpose of—

(i)   

enabling any apparatus or other thing to be rendered safe and,

in the case of a ship, enabling the ship to be taken to a port, or

(ii)   

facilitating in any other way the exercise of any of the powers

mentioned in this subsection;

35

(g)   

to use reasonable force, if necessary, in exercising any of those powers.

(5)   

In subsection (4)(a) to (c) and (e) a reference to the ship, structure or other object

includes a reference to a ship’s boat, or other vessel, used from it.

90      

Enforcement powers: facilitation offences

(1)   

Subsection (2) applies if—

40

(a)   

a written authorisation has been issued by the Secretary of State or

OFCOM under section 89(3) for the exercise of the powers mentioned

in section 89(4) in relation to a ship, structure or other object, and

(b)   

an enforcement officer has reasonable grounds for suspecting that an

offence under section 82, 83, 84 or 85 has been or is being committed in

45

connection with the making of a broadcast from that ship, structure or

other object.

 
 

Wireless Telegraphy Bill [HL]
Part 5 — Prohibition of broadcasting from sea or air

54

 

(2)   

The enforcement officer may, with or without assistants, exercise the powers

mentioned in section 89(4) 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 the offence referred to in subsection (1)(b).

(3)   

Subsection (4) applies if—

5

(a)   

an enforcement officer has reasonable grounds for suspecting that an

offence under section 82, 83, 84 or 85 has been or is being committed in

connection with the making of a broadcast from a ship, structure or

other object, but

(b)   

no written authorisation has been issued under section 89(3) for the

10

exercise of the powers mentioned in section 89(4) in relation to that

ship, structure or other object.

(4)   

The enforcement officer may, with or without assistants, exercise the powers

mentioned in section 89(4) in relation to any ship, structure or other object

which he has reasonable grounds to suspect has been or is being used in

15

connection with the commission of the offence referred to in subsection (3)(a).

(5)   

Subsection (4) only applies if a written authorisation under this subsection has

been issued by the Secretary of State or OFCOM for the exercise of those

powers in relation to that ship, structure or other object.

91      

Exercise of powers

20

(1)   

Except as provided in subsections (2) and (3), the powers mentioned in section

89(4) may be exercised only in tidal waters in the United Kingdom or in

external waters.

(2)   

The powers may in addition—

(a)   

in the case of a suspected offence under this Part committed in a British-

25

registered ship while it is on the high seas, be exercised in relation to the

ship on the high seas;

(b)   

in the case of a suspected offence under section 78 committed on a

structure or other object within waters in a designated area, be

exercised in relation to the structure or other object within those waters;

30

(c)   

in the case of a suspected offence under section 79 committed in a ship

within an area of the high seas prescribed for the purposes of that

section, be exercised in relation to the ship within that area of the high

seas.

(3)   

Subsection (2) does not apply so far as the powers are exercisable by virtue of

35

a written authorisation issued by OFCOM.

92      

Further provisions

(1)   

A person commits an offence if—

(a)   

he assaults an enforcement officer, or an assistant of his, while he is

exercising any of the powers conferred by section 89 or 90;

40

(b)   

he intentionally obstructs an enforcement officer, or an assistant of his,

in the exercise of any of those powers; or

(c)   

he fails or refuses, without reasonable excuse, to comply with such a

requirement as is mentioned in section 89(4)(e) or (f).

 
 

 
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