Legal Aspects of Scanning

[Twocky61]

We all know it is illegal in the uk to listen to traffic such as the police. In the US all frequencies are open to Joe Public partly so they can see how their tax dollar is being spent. So why not here in uk?

Believe it or not here in the uk it is against the law to scan any frequency whether official or private. So you can't even listen to a frequency used be operators such as municipal authority such a garbage trucks. Yes really

What's the world coming to??!! lol

[Admiral]

Do you know what, yeah, I was a bit disappointed when the blue light mob went to Airwave, but now I've grown up a bit and thought about it, it was probably a good thing because names, addresses and car registrations are now secure information, and it means that the rozzers are no longer paranoid about people with handies, they used to be very interested in anyone flashing a radio on their belt, but now they don't give a rats if you're pumping out 50w on 446 or wherever because they know that you're not earwigging on them so they'll leave you to it these days.

[ghost123uk]

I thought that scanning / listening was legal, but the law said you must not disclose (in any way) what you have heard ?

[welshevo]

i was always on the understanding that the law states its "illegal to scan and act on any information heard" and to not transmit on any unlicensed frequencies? .... i could now be wrong??? anyone ???

[Mitch]

From ofcom website: https://www.ofcom.org.uk/__data/assets/ ... anners.pdf

A license 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 should
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:
1. licensed broadcasting stations;
2. amateur and citizens' band radio transmissions; and
3. weather and navigation transmissions
Radio scanners should not be used to listen to any other radio services, including illegal
radio stations (pirates) (by virtue of the fact that they are not licensed radio stations)

So now you know

[Metradio]

From ofcom website: https://www.ofcom.org.uk/__data/assets/ ... anners.pdf

A license 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 should
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:
1. licensed broadcasting stations;
2. amateur and citizens' band radio transmissions; and
3. weather and navigation transmissions
Radio scanners should not be used to listen to any other radio services, including illegal
radio stations (pirates) (by virtue of the fact that they are not licensed radio stations)

So now you know

Oddly enough it is illegal to listen to PMR446 transmissions on anything other than radio designed and manufactured for use on PMR446

Mike

[Admiral]

Listen to what you want, it only becomes a technicality when you fess up on a website that you committed an offence by listening.

[Minus1]

Until Ronan O'Reilly set up Radio Caroline in the 1960s, forcing the government to (eventually) introduce ILR, it was illegal to listen to virtually ANYTHING except the BBC.
The powers-that-be still have a mentality from WW2 ("Walls have ears") and the cold war. they haven't noticed that the world has moved on.

[Metradio]

.....the world has moved on.

.....the world has moved HERE.

Corrected that for you

Mike

[paulears]

There is a notion that everything should be allowed and often the US is cited as the land of the free and do anything - but it isn't. People assume that the law is totally black and white, but it never has been. All it is a framework of consequences. You only have to watch those Police programmes where they arrest total numpties who got warned and warned, then eventually arrest as the only solution. Even then, they often get let loose again the next morning.

Legally speaking it's still an offence to have in your possession something that you don't have permission to use - as in a licence for a radio, or a gun, or loads of other things. Walking along the road with a crowbar or a set of lock picks will get you arrested on suspicion of being about to commit. When they discover you really are a locksmith on the way to let an old lady into her home when she lost the keys it gets sorted.

To be honest, I too am quite pleased Police and Ambulance data is now secure - not so bothered about fire. In some parts of the country, some of the information that was previously passed in the clear was not the kind of info you want certain people to know about. It is of casual interest to people like us, but to criminals the content can offer opportunities, and if you include terror incidents of late, I think I'm happier knowing that certain people are not privy to info. PMR used to be called Private Mobile Radio, and people using it often thought it was - and many still do. I'm old enough to remember the fun I had listening into the first analogue mobile phones. I heard loads of stuff that would easily have interested criminals.

Despite being a listener, I don't think we have a right to eavesdrop on things that are nothing to do with us. Sure - it rarely harms, but we do nowadays have expectations of privacy. I cannot imagine anyone who wants free to listen to be the standard to actually fancy the idea of some of their info being listened to? The Military seem to not be bothered because much of what they say means nothing with all the critical content using codes and abbreviations that change. Even callsigns - we often speak about TARTAN callsigns on the refuelling aircraft, so we recognise the callsign. Change it to something else and it would take a day or two to work out. Most Military comms are all time critical, so they don't really have a need for encryption of voice. Data is different - this is where the essential stuff is for them - and that IS encrypted.

[Admiral]

Colin the (díck)Heads mate Steve Saxon can talk you through the pros, cons and legality of scanners.

https://www.youtube.com/watch?v=uWWwMw4nuXw

[stanogs68]

i had the police at mine not long ago (because my daughter witness an assault) and when the police seen my md380 he straight away said whats that radio ,i told them it was for amateur radio and he left it but if it was switched on would i get in trouble for it programed withe the frequencies it has in it ?

[paulears]

You could Stan, but I doubt they'd be interested if convinced you weren't doing something dodgy with the information. I think that's why they are often interested. It's the tool that could be used to commit a crime - so while owning a lock picking kit isn't illegal, finding one in your pocket make it pretty obvious the questions are coming. We know you can use a hand held microphone while you are driving, but this doesn't mean you won't get asked questions - and the answers to some will make you look pretty stupid. If while they were there, the local shop watch voices came out of it, then I'd expect serious questions. Legally, you cannot listen to it - so so much depends on your attitude. Wind 'em up and you're going to be at the very least become a name on a report, and in this day and age who knows who shares these?

[moj]

I know someone who is a licenced amateur who was pulled by police after his radio was noticed while he was eating at mcdonalds .
he said the same as you stan but they wanted to see the radio turned on and started going through the zones' if they had carried on they would of seen the hidden zones with shopwatch stored etc and on this occasion they were really pushing to arrest him and even started calling backup to make the situation even worse

He even had proof on his phone with a copy of his licence but they were still going deeper with the questioning and were even considering seizing his radio to pass it to the it section to look deeper .

I think the moral of the story is don't carry a radio in public if your not licenced and if any dodgy frequency's are programmed that cant be explained without having reasonable grounds etc be prepared to be arrested or have a lot of explaining to do especially with all the terror threats happening in the uk .

Def don't name your channels as shopwatch and security cause that would be really awkward with the wrong officer delving deeper.

Then there is the police officer's who are genuine amateur licenced users who know the in's and the out's of law and they will prob know that you could be hiding something and know exactly where to look in a radio .

the idiot's who sound the radio out in public with there local shopwatch or have there radio on show are asking for trouble and have to expect to be approached and questioned .

[Sam P]

This thread is going in a bonkers direction.

Unless a police officer has reasonable grounds to suspect that you have, or are about to commit, a crime they are entitled to feck-all. That isn't being arsey it's the law.

Being afraid of what a scanner may or may not have programmed is just daft..... every wideband radio has a capability to listen to frequencies you aren't entitled to... The problem exists when you actually intercept communications that are not intended for you, not the capability of being able to do so...

It's like being nicked for driving a Lamborghini Countache because it could do 220 MPH... whilst driving at 25 in a 30 limit.