LEGAL - UK

General reception - From the OFCOM guidance

This sets out the legal position about the reception of personal or business radio transmissions by unauthorised persons or groups.

A licence is not required to use a radio receiver or scanner as long as it is not capable of transmission. It is not illegal to sell, buy or own a scanner or any other receiver but it must only be used to listen to transmissions meant for general reception. The services that can be listened to under the definition of general reception are:

a) licensed broadcasting stations
b) amateur and citizens' band radio transmissions
c) weather and navigation transmissions

It is an offence to listen to any other radio services unless licensed to do so, this includes listening to illegal radio stations (pirates) by virtue of the fact that they are not licensed radio stations.

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Under Section 5(1)(b) of the WT Act 1949 it is an offence if a person “otherwise than under the authority of a designated person, 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, of which neither the person using the apparatus nor a person on whose behalf he is acting is an intended recipient;

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.”

With certain exceptions, it is an offence under Section 1 of the Regulation of Investigatory Powers Act 2000 for a person– “intentionally and without lawful authority to intercept, at any place in the United Kingdom, any communication in the course of its transmission by means of:

a) a public postal service; or

b) a public telecommunication system.

It is similarly an offence to intercept any communication in the course of its transmission by means of a private telecommunication system.