TV Licensing

A TV Licence is a legal permission to install or use television receiving equipment (e.g. TVs, computers, mobile phones, games consoles, digital boxes and DVD/VHS recorders) to watch or record television programmes, as they are being shown on TV. This applies regardless of which television channels a person receives or how those channels are received. The licence fee is not a payment for BBC services (or any other television service), although licence fee revenue is used to fund the BBC.

The requirement to hold a TV Licence and to pay a fee for it is mandated by law under the Communications Act 2003 and Communications (Television Licensing) Regulations 2004 (as amended). It is an offence to watch or record television programmes as they are being shown on any channel and on any broadcast platform (terrestrial, satellite, cable and the internet) without a valid TV Licence.

Legislation on television licensing is available from the Office of Public Sector Information website. TV Licensing - Legislation and policy on our website outlines the most relevant legislative provisions.

The TV Licence Terms and Conditions are available here.

Section 363 of the Communications Act 2003 makes it an offence to install or use a television receiver to watch or record any television programmes as they’re being shown on television without a TV Licence.

Section 365 of that Act requires that a person to whom a TV Licence is issued must pay a fee to the BBC. The nature and quantity of this fee is set out in the Communications (Television Licensing) Regulations 2004 (as amended).

Since 1991 the BBC, in its role as the relevant licensing authority, has been responsible for collecting and enforcing the TV Licence fee. The BBC contracts companies to do this work under the BBC trade mark ‘TV Licensing’. The BBC (and contractors acting on its behalf) must comply with the law in collecting and enforcing the licence fee. The BBC Charter further requires that these arrangements be appropriate, proportionate and efficient.

Copies of the Communications Act 2003 and Communications (Television Licensing) Regulations 2004 (and amendments) are available from the Office of Public Sector Information website.

You don’t need a TV Licence to own or possess a television set. However, if you use it to watch programmes as they are being shown on TV then you need a TV Licence in order to do so.

Part 4 of the Communications Act 2003 sets out the requirement for a TV Licence. Section 363 makes it an offence to

• install or use a television receiver or
• possess or have control of a television receiver with the intent to install or use it or
• possess or have control of a television receiver and know or have reasonable grounds for believing that another person intends to install or use it

without a valid TV Licence issued under the Communications Act.

If you own or possess a television set without installing or using it as a TV receiver (e.g. you only use it to watch videos or DVDs, or as a monitor for a games console) then you don’t need a TV Licence.

If you don’t have a television set or have one but don’t use it to watch programmes as they are being shown on TV, we ask that you inform us this is the case, so that we can register it on our database to prevent unnecessary contact. An enquiry officer may call to verify this. This is necessary because when we make contact on these visits, a fifth of people are found to require a TV Licence. We believe that the fairest and most consistent approach is to visit addresses where TV Licensing is notified that no television set is used.

If, during a brief visit, an enquiry officer can verify that no licence is likely to be needed, he or she will stop any further contact to that address for two years for a residential address and three years for a business address.

The requirement to hold a TV Licence and to pay a fee for it is mandated by law under the Communications Act 2003 and the Communications (Television Licensing) Regulations 2004 (as amended). You need to be covered by a TV Licence no matter what device you use to watch or record television programmes as they are being shown on TV. This includes TVs, computers, mobile phones, games consoles, digital boxes and DVD/VHS recorders.

The BBC, through TV Licensing, is discharging the statutory duties imposed on it by the above law to issue TV Licences and collect the licence fee.

The legal requirements for a TV Licence and fee are not matters over which the BBC (and TV Licensing) has control. Any comments you have on the legal framework for television licensing needs to be addressed to the responsible government Department, which is the Department for Culture, Media and Sport at 2-4 Cockspur Street, London, SW1Y 5 DH.

A TV Licence is a legal permission to install or use television equipment to receive (i.e. watch or record) live TV programmes, regardless of which channel you're watching, which device you are using (TV, computer, laptop, mobile phone or any other), and how you receive them (terrestrial, satellite, cable, via the internet or any other way).

The licence fee is not a subscription to watch BBC programmes but mandated by law. Under the Communications Act 2003, the BBC in its role as the licensing authority has a duty to issue TV Licences and collect the licence fee.

If you use a laptop to watch television programmes as they are being shown on TV then by law you need a TV Licence. If you use a laptop to view television programmes after they are shown on TV – for example by downloading programmes or via streaming on-demand – then you don’t need a Licence.

The legal requirement for a TV Licence is not for the ownership of a television set or laptop, but for the installation and use of such equipment for television reception. Part 4 of the Communications Act 2003 provides for a system of TV licensing and makes it an offence to install or use a television receiver without a valid licence.

A TV Licence is a legal permission to install or use television receiving equipment to watch or record television programmes, as they are being shown. The law applies to all viewing and recording devices, including TVs, computers, mobile phones, games consoles, digital boxes and DVD/VHS recorders. The licence fee is not a payment for BBC services (or any other television service), although licence fee revenue is used to fund the BBC.

The requirement to hold a TV Licence and to pay a fee for it is mandated by law under the Communications Act 2003 and the Communications (Television Licensing) Regulations 2004 (as amended). It is an offence to watch or record television programmes as they are being shown on any channel and on any broadcast platform (terrestrial, satellite, cable and the internet) without a valid TV Licence.

Legislation on television licensing is available from the Office of Public Sector Information website. TV Licensing and the law on our website sets out the most relevant legislative provisions.

If you use a laptop to watch television programmes as they are being shown on TV then by law you need a TV Licence. If you use a laptop to view television programmes after they are shown on TV – for example by downloading programmes or via streaming on-demand – then you don’t need a Licence.

Under regulation 9 of the Communications (Television Licensing) Regulations 2004 (“the Regulations”) a computer is licensable if it is used for receiving television programme services.

The Regulations define ‘television receiver’ in technologically neutral terms and refers to any apparatus installed or used for the purpose of receiving… any television programme service. This means that watching television on a computer is licensable. However, the Regulations limit this to where the programme is received at the same time (or virtually the same time) as it is received by members of the public. Regulation 9 is set out in full below:

Meaning of "television receiver"
9. (1) In Part 4 of the Act (licensing of TV reception), "television receiver" means any apparatus installed or used for the purpose of receiving (whether by means of wireless telegraphy or otherwise) any television programme service, whether or not it is installed or used for any other purpose.

(2) In this regulation, any reference to receiving a television programme service includes a reference to receiving by any means any programme included in that service, where that programme is received at the same time (or virtually the same time) as it is received by members of the public by virtue of its being broadcast or distributed as part of that service.

It depends on whether you’re using BBC iPlayer to watch TV programmes at the same time as they are being shown on TV (i.e. “live”) or after they have been broadcast by either downloading programmes or via streaming on demand (on-demand).

You need to be covered by a TV Licence to watch or record television programmes as they’re being shown on TV. The law applies to all viewing and recording devices (TV, computer, laptop, mobile phone or any other), regardless of how you receive the television programmes (terrestrial, satellite, cable, via the internet on BBC iPlayer or any other way).

The BBC iPlayer allows users to watch programmes “live” as they are being shown on TV (i.e. BBC1, BBC2, BBC News etc.) and on-demand. If you are watching live content (e.g. a programme as it is being shown on BBC1 or BBC News) you will need a TV Licence. If you are using the BBC iPlayer to watch programmes on-demand i.e. after they have been shown, you do not need a TV Licence. Accordingly, depending on the nature of the content being viewed on the BBC iPlayer, a TV Licence may be required.

The issuing of a TV Licence does not constitute a sale of goods or services and is not covered by consumer law.

In issuing a TV Licence, the BBC as the relevant licensing authority is discharging a statutory function, and the licence holder’s rights and obligations are governed by statute. The relationship between the BBC and the licence holder is subject to public law remedies, it is not a contractual relationship giving rise to private law rights and obligations.

The BBC is a corporation incorporated under Royal Charter granted by the Queen under the Royal Prerogative. The current Royal Charter was granted to the BBC on 19 September 2006. It took effect on 1 January 2007 and will expire on 31 December 2016.

The Royal Charter is the basis for the BBC’s existence. It sets out the BBC’s public purposes and guarantees its editorial independence. It prescribes the constitution of the BBC, the relationship between its Executive Board and the BBC Trust, and the duties and functions of both bodies.

The Agreement between the BBC and the Secretary of State for Culture, Media and Sport complements the Royal Charter. It sets out the BBC’s public obligations in detail, and covers the BBC's regulatory obligations and funding arrangements.

The Royal Charter and the Agreement provide the constitutional basis for the BBC.

The law that requires a TV Licence for using or installing television receiving equipment to watch or record television programmes as they are being shown on TV applies in the UK (England, Scotland, Wales and Northern Ireland), the Channel Islands and Isle of Man.

No. The Communications Act 2003 states that a TV Licence is needed to install or use a television receiver. EU regulations have no bearing upon this. The UK is not alone in operating a broadcasting licence fee system: other European countries with comparable systems include Austria, Denmark, Germany, Italy, Ireland and Switzerland.

The Government has determined that the BBC should be funded by the TV Licence fee from 2007 to 2016, the period of the BBC’s existing Royal Charter. Before the end of that period, and towards the end of the digital switchover process, the Government has stated that there should be a further review of whether there might be a case for other funding methods to make a contribution after 2016.

A TV Licence paid by licence fee payers finances the BBC, so that it does not have to serve the interests of advertisers, or produce a return for shareholders. This means it can concentrate on providing high quality programmes and services for everyone, many of which would not otherwise be supported by subscription or advertising. This matter was considered when the BBC Charter was last reviewed by the Government. Further information on the review is available here.

The Freedom of Information Act 2000 (“the FOI Act”) provides a general right of access to information held by public authorities. The BBC is a public authority for the purposes of the FOI Act in respect of information it holds for purposes other than those of journalism, art or literature.

Under the Communications Act 2003 the BBC is the public authority responsible for television licensing. The FOI Act therefore applies to all TV Licensing information held by and on behalf of the BBC by contractors engaged to administer the issue of licences and collection of the licence fee, subject to certain exemptions set out in the FOI Act.

Oversight of TV Licensing and the BBC

The BBC’s contracts with companies engaged to administer the television licensing system are managed by the BBC’s TV Licensing Management Team. The team sits within the BBC’s finance and business division, and ultimately reports to the BBC’s Executive Board.

The BBC is established under a Royal Charter. The current Charter came into force in 2007 and runs until the end of 2016. Under the Charter, the BBC is governed by the BBC Trust, which represents the interests of licence fee payers and sets the overall strategy. The Trust sets purpose remits, issues service licences, and holds the Executive Board to account for its performance in delivering BBC services.

Financial audits

The BBC is subject to ad hoc audits by the National Audit Office and to independent internal BBC audits. The TV Licensing Management Team is part of this process, which also includes audit of statements from TV Licensing contractors.

Licence fee

The TV Licence fee is imposed by law (the Communications Act 2003) enacted by Parliament. Under that Act the BBC is the public authority responsible for issuing TV Licences and collecting the licence fee. The licence fee amount is approved by Parliament in regulations made pursuant to the Communications Act 2003.

The Department for Culture, Media and Sport is the responsible government agency for broadcasting in the UK.

Licence enforcement powers

The BBC is subject to the independent oversight of the Office of Surveillance Commissioners (“the OSC”) in respect of its powers to use detection equipment under the Regulation of Investigatory Powers Act 2000 and the Regulation of Investigatory Powers (British Broadcasting Corporation) Order 2001. The OSC regularly inspects the BBC’s use of detection powers, and the BBC must satisfy the OSC that any use of detection equipment is lawful.

The BBC may apply to a magistrate (or sheriff in Scotland) for a search warrant to search premises suspected of using television equipment without a valid licence. They have discretion to grant a search warrant under section 366 of the Communications Act 2003 if satisfied of the matters specified in the provision.

Official information

The Freedom of Information Act 2000 (“the FOI Act”) gives a person the right to ask for official information from public authorities, including information - held for purposes other than those of journalism, art or literature – relating to television licensing held by the BBC or on behalf of the BBC by its TV Licensing agents.

If a person is not satisfied with a response received to a request under the FOI Act he or she has the right to an internal review by a BBC senior manager or legal adviser. If a person is not satisfied with the internal review, he or she can appeal to the Information Commissioner at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, telephone 01625 545 700 or see http://www.ico.gov.uk/.

Personal information

The Data Protection Act 1998 sets rules about the way organisations, including the BBC and its TV Licensing agents, collect, use and store information about an identifiable individual (personal data). If a person has concerns about the way in which their personal data is processed by TV Licensing they can contact the Information Commissioner at the above address.

The Information Commissioner’s Office is the UK’s independent authority set up to uphold information rights in the public interest, promote openness by public bodies and data privacy for individuals.

The TV Licence fee amount and any concessions is determined by the Government and approved by Parliament, and not the BBC.

The TV Licence fee is imposed by law (the Communications Act 2003) enacted by Parliament. The licence fee amount is prescribed by Parliament in regulations made pursuant to the Communications Act 2003.

The Department for Culture, Media and Sport is the responsible government agency for broadcasting in the UK.