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Is Pirate Radio Illegal?

As for the Law and pirate radio in the UK, the main points are this. Prosecution comes in line with the Wireless Telegraphy Act of 1949. Anyone caught broadcasting on pirate radio (i.e. dj's or station operators) can face unlimited fines and/or up to two years in jail. All of the stations operating equipment can be seized, including the dj's record collection he or she is using at the time of a raid. DJ's can also be banned from employment on legal radio stations for anything up to 5 years. Fines can vary, the typical fines are usually between £500 and £1000, but stations and operators have been fined more in the past.

One station in Manchester UK was fined £10,000 in 2004, and in the Midlands UK in the mid 90's, a business man was fined £9500 for broadcasting a song called "Who's Afraid Of The DTI" over the FM radio band. Anyone advertising on a FM pirate radio station can also be fined for supporting the station and using it as an outlet for advertising. People who provide a service to pirate radio i.e. providing premises for a pirates studio, providing transmitting equipment etc, providing clubs, community centres and venues for pirate radio events can also be fined.

In the early to mid 2000's, the DTI were replaced by a private company called O.F.C.O.M., (Office Of Communications), who now regulate and enforce the law regarding illegal broadcasting in the UK. They have a team of field officers who monitor the use of the FM waveband, and carry out raids the length and breadth of the UK. Their official line is that they, quote, "only act upon complaints from members of the public". Ofcom's stance on pirate radio is pretty much the same as the DTI before it, pirate radio is, quote: "a menace" to the airwaves of the UK.

They also tarnish all pirate radio stations with the same brush, whereas most pirate stations are very different to the next. Most, if not all pirate stations in the UK, are operated with equipment to industry standard, if not better. Most stations also operate a policy of 'un-written' rules, whereby, dj's, presenters and mc's operate within the same guidelines as legal radio stations, this comes to the UK legal watershed of 9pm, regarding lyrical content of the records played on air, and also the dj's conduct on air, in regards to what subjects are discussed over the mic.

One of the DTI's and now Ofcom's favourite lines to 'justify' the raiding of pirate stations is that they interfere with safety of life services i.e. Police, Fire and Ambulance services and operators. Quote: "putting lives at risk by interfering with air traffic and emergency frequencies". Question - What air traffic or emergency communication services are found in the UK on 88-108 MHZ FM? Answer - NONE. Air traffic uses the AM band and digital band, and emergency communications use digital bands, and have not used the FM for over 12 years in the UK. You decide who's telling the truth. Clearly the bands used by emergency services must be protected rigorously, but the report unhelpfully conflates this matter of life and death with Ofcom's more general duty to regulate the radio broadcast spectrum.

In June 2007, Ofcom released a study showing that pirate radio was highly popular (used by 26% of adults in Greater London but with far greater penetration amongst some minorities and in some areas) and presented both a danger to the emergency services band and a nuisance to legitimate broadcasters. The popularity of pirate stations was attributed to a number of factors, but local relevance, niche music scenes (almost inevitably given minimal airtime by commercial stations catering to mass audiences) and minority community groups appeared to be the main listeners.

The report also went on to say that Ofcom's extensive research (interviewing 901 adult listeners to pirate radio) also shows a number of interesting things about the motivations of listeners. The core drivers for pirate radio are summarised as the development and promotion of grass-roots, unsigned talent, the urban music scene, and minority community groups. The local relevance of stations is also cited. Finally, the report notes that generally, listeners to pirate radio stations show little interest in acquiring DAB receivers, the obvious legitimate solution for radio listeners with niche interests not covered by mainstream stations. A lack of consumer interest means that digital is not going to solve this problem in the short term, even though with DAB radios at under £30, it easily could.

 

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