An Inspector Calls Netflix

[Kum Dana]

Ifa householder is following the rules for viewing and setting up their TV equipment without a TV licence, they should have no need to worry too much about TVL letters or visits. However, even when obeying the law, citizens are entitled to know the rules on TV Licensing and also their rights if they are visited by TV Licence Inspectors.

TV Licence Inspectors make random house calls on addresses that are shown on the TVL database as not having a TV licence. This sometimes includes householders who have formally declared themselves to TVL as not requiring a TV licence.

According to the TVL website, TV Licence Inspectors must immediately identify themselves, prove their identity by showing their card and state the purpose of their visit. They must also provide a telephone number when requested so that the person being visited can confirm the the identity of the inspector.

TVL appears to pursue a general policy of guilty until proven innocent and will not regard a property as being legally unlicensed until an inspector has visited and physically checked TV equipment for compliance with the law.

When a TV Licence Inspector is sent to an address, the householder will be regarded as a potential suspect until proven otherwise. In such circumstances, the householder is effectively the subject of a criminal investigation and it pays to bear this in mind should an inspector ever call.

Householders are not obliged to say anything when questioned by a TV Licence Inspector. There is no law that requires a householder to make a verbal or written statement in relation to an enquiry about a TV licence.

The law states that if a TV License Inspector suspects a householder of a having committed a criminal offence then they should immediately caution the householder in a manner similar to that stated below:-

When a TV Licence Inspector questions a householder, they generally complete a form 178 which is a record of what was found at the address and what was said by the householder. A householder is under no legal obligation to sign a Form 178 or any other form presented by TVL.

The question of whether or not a householder voluntarily offers a verbal statement, signs a document or consents to TVL entering their home is purely a matter for them, based on their own views on the matter and possibly also the information we have provided on this website.

Filling out a Form 178 record of interview, which is then offered to the householder to voluntarily sign in confirmation of what has been said. This can be later be used as evidence against the householder in any subsequent court proceedings.

Note that the BBC iPlayer app cannot be removed from some Smart TVs and on-demand devices. The presence of this app does not of itself constitute an offence, so long as it has not been primed with an active online BBC iPlayer account in preparation for viewing.

TVL states on its website that TV Inspectors will be accompanied by local police officers when executing a search warrant and that in certain circumstances TVL may require the police to force entry. In practise forced entry is rarely, if ever, actually carried out.

It is an offence to wilfully obstruct a TVL search warrant. A householder refusing entry to their home, refusing to identify themselves or refusing access for checking TV equipment might also face a charge of obstructing a search warrant.

TV Licensing is only allowed to physically check your TV and TV recording equipment, not any computers or mobile phones but they will take note if any computers are attached to a live TV feed such as a TV aerial.

If the householder feels so inclined, there is no law that prevents the filming of a search warrant being executed using a video camera or smartphone, so long as any filming does not materially obstruct TV Licence Inspectors in the execution of their duty.

If a householder has strictly followed the recommendations on this website regarding viewing habits and television equipment and has not obstructed the search warrant then no offences will have been committed, hence no prosecution either.

If a householder has acted with good intentions and has followed the rules on viewing TV without a licence, they will be innocent of any offence and should have nothing to fear from TVL. Even in the highly unlikely event of a search warrant being taken out against them.

There is not one case so far known where TV detector van evidence has been presented by the prosecution in a court of law in the UK. TVL claims this is because detector van evidence is only ever presented in order to obtain a search warrant.

There many accusations laid against TVL that detector vans do not and never have worked and are in fact no more than a scare tactic. TVL claims it has advanced detection technology but many question the validity of the science behind it and the likelihood that such TV detection technology could actually work with modern television designs.

In some parts of the country TVL has successfully used the existence of a W.O.I.R.A. notice as a reason for a magistrate to issue a search warrant in order to gain access to a property. In this sense, a W.O.I.R.A. would appear to be more or less a self-defeating exercise.

Much is written about this on the internet and a W.O.I.R.A. should only ever be considered in extreme cases of harassment. Such a notice may be best taken out with the help of a qualified solicitor to advise on and oversee any such procedure.

3a8082e126