Marine, &c., Broadcasting (Offences) Act 1967 (repealed)

5 Prohibition of acts relating to matter broadcast from ships, aircraft, &c. U.K.

(1) A person who does any of the acts mentioned in subsection (3) below, and, if any intent or circumstances is or are specified in relation to the act, does it with that intent or in those circumstances, shall be guilty of an offence if—

(a) he does the act in the United Kingdom or external waters or in a ship registered in the United Kingdom, the Isle of Man or any of the Channel Islands or an aircraft so registered while the ship or aircraft is elsewhere than in or over the United Kingdom or external waters; or

[F1 (aa) where paragraph (a) above does not apply but the broadcasts in question are made, or are to be made, from any structure or other object (not being a ship or aircraft) in waters falling within section 2(3)(c) of this Act, he does the act on that structure or other object within those waters; or

(ab) where paragraph (a) above does not apply but the broadcasts in question are made, or are to be made, from a ship in contravention of section 2A(1) of this Act, he does the act in that ship within any such area of the high seas as is mentioned in paragraph (a) of that provision; or]

(b) being a person mentioned in section 3(3) of this Act, he does the act on or over the high seas.

(2) A person who, in the United Kingdom, procures another person to do, outside the United Kingdom, anything which, if it had been done in the United Kingdom by the last-mentioned person, would have constituted an offence under the foregoing subsection, shall be guilty of an offence.

(3) The acts, and, where relevant, the intent and circumstances, referred to in subsection (1) above are the following namely:—

(a) supplying a [F2 film or sound recording] [F3 knowing, or having reasonable cause to believe, that a broadcast of it is to] be made in contravention of section 1(1) or [F4 , 2(1) or 2A(1)] of this Act or as mentioned in section 3(1) thereof;

(b) making a literary, dramatic or musical work [F5 knowing, or having reasonable cause to believe, that a broadcast of the work is to] be made as aforesaid;

(c) making an artistic work [F6 knowing, or having reasonable cause to believe, that the work is to] be included in a television broadcast made as aforesaid;

(d) participating in a broadcast made as aforesaid, being actually present as an announcer, as a performer or one of the performers concerned in an entertainment given, or as the deliverer of a speech;

(e) advertising by means of a broadcast made as aforesaid or inviting another to advertise by means of a broadcast to be so made;

(f) publishing the times or other details of any broadcasts which are to be so made, or (otherwise than by publishing such details) publishing an advertisement of matter calculated to promote, directly or indirectly, the interests of a business whose activities consist in or include the operation of a station from which broadcasts are or are to be so made.

[F7 (3A) Section 46 of the Consumer Protection Act 1987 (meaning of supply) shall have effect for construing references in this section to the supply of any thing as it has effect for the purpose of construing references in that Act to the supply of goods.]

[F8 (4) The cases in which a person is to be taken for the purposes of this section as advertising by means of a broadcast include any case in which he causes or allows it to be stated, suggested or implied that entertainment included in the broadcast—

(a) has been supplied by him; or

(b) is provided wholly or partly at his expense.]

(5) For the purposes of this section advertising by means of a broadcast shall be deemed to take place as well wherever the broadcast is received as where it is made.

(6) In this section “speech” includes lecture, address and sermon, [F9 and “film”, “sound recording”, “literary, dramatic or musical work” and “artistic work” have the same meaning as in Part I of the Copyright, Designs and Patents Act 1988 (copyright)].

Textual Amendments

F1 S. 5(1)(aa)(ab) inserted in subsection (1) after para. (a) by Broadcasting Act 1990 (c. 42, SIF 96), s. 171, Sch. 16 para. 6(2).

F2 Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 303(1), Sch. 7 para. 9(a).

F3 Words in s. 5(3)(a) substituted (18.9.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 33(2)(a) (with Sch. 18); S.I. 2003/1900, art. 2(2), Sch. 2

F4 Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 171, Sch. 16 para. 6(3).

F5 Words in s. 5(3)(b) substituted (18.9.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 33(2)(b) (with Sch. 18); S.I. 2003/1900, art. 2(2), Sch. 2

F6 Words in s. 5(3)(c) substituted (18.9.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 33(2)(c) (with Sch. 18); S.I. 2003/1900, art. 2(2), Sch. 2

F7 S. 5(3A) inserted (18.9.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 32 (with Sch. 18); S.I. 2003/1900, art. 2(2), Sch. 2

F8 S. 5(4) substituted (18.9.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 33(3) (with Sch. 18); S.I. 2003/1900, art. 2(2), Sch. 2

F9 Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 303(1), Sch. 7 para. 9(b).