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Posted on October 2nd, 2009 by Barry Collins

Why are iPlayer viewers exempt from the TV licence?

iPlayer (not 43)There was a chap from TV Licensing on BBC Breakfast this morning, reminding Britain’s small business owners that they owed his employers £142.50 if they wanted to watch live TV on their computers at work.

“How you can possibly enforce that?” asked the BBC man, somewhere in between the 96 daily reminders of how you can watch BBC News online. “We can and we will,” was the gist of the not particularly convincing reply. Still, it’s nice to see that, just as small businesses are putting the worst of the recession flames out, TV Licensing wants to open another can of petrol.

But why pick on small businesses? During his convoluted explanation of what you can and can’t do, the enforcer explained that you don’t need to buy a licence to watch BBC programmes on iPlayer after they are broadcast.

Can someone explain the logic of that to me? A small businessman that wants to watch Sky News during his lunch break has to pay £140 for the privilege, even though Sky (or any other commercial broadcaster) doesn’t see a penny of the licence revenue. Meanwhile, someone who wants to cherry pick the best of the BBC’s output and watch the HD streams on iPlayer can do so with impunity.

I can’t see any good reason why iPlayer viewers should be exempt from the TV licence just because they’re not watching it live. The programmes still cost the same to produce; in fact, they cost even more when you consider the bandwidth fees and other costs associated with maintaining the iPlayer.

If TV Licensing is so desperate for money that it needs to apply the thumbscrews on small businesses, perhaps it should tackle the iPlayer freeloaders first.

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30 Responses to “ Why are iPlayer viewers exempt from the TV licence? ”

  1. Garry Says:
    October 2nd, 2009 at 10:59 am

    It’s because TV Licensing are a contracted out bunch of clowns who don’t have a clue about anything except continually hassling and threatening people with no license who neither want nor require one!

    A change by parliament would be required to actually make the tv licensing law sensible in the modern world, but our government is busy using it’s time on “more important” things.

     
  2. jon honeyball Says:
    October 2nd, 2009 at 11:02 am

    why not have a unique registration number printed on the TV license that you then enter into iplayer. Then iplayer content is free, otherwise you pay. Seems easy to me

     
  3. Paul Ockenden Says:
    October 2nd, 2009 at 11:13 am

    I think the answer to your “why” Barry is historical. The rules were drawn up pre-internet, pre iPlayer, pre catch-up services.

    I’m sure Auntie would *love* to have the rules updated so that the licence also covers reception (via whatever means) of archived output. But I can’t see either Broon’s lot or the next bunch changing things because they all hate the BBC!

    It’s a mess, but I think it’s likely to stay a mess.

     
  4. Gary Says:
    October 2nd, 2009 at 11:55 am

    Since even “live” TV is buffered on your PC, even if only for a few seconds, can it really be considered live for the purposes of TV Licensing?

     
  5. Steve Cassidy Says:
    October 2nd, 2009 at 12:04 pm

    The rule with TV licencing is; every household really should have one, to avoid the kind of treatment Garry alludes to. The real giveaway in my mind was presented by Jeremy Clarkson, who quietens down the live audience at a Top Gear studio session by telling them that it’s not just the 50-million-odd UK audience who are watching them, but several *billion* worldwide viewers through cable content syndication deals. If he’s right, then it seems to me that the BBC should operate rather as the Macau casinos do, and pay each UK citizen roughly #2k p.a. for being allowed to continue to exist…

     
  6. stuart webster Says:
    October 2nd, 2009 at 12:31 pm

    i dont watch tv, dont listen to radio either,nothing on it interests me, i pay enough for my broadband i aint paying twice,i download the shows i like(non bbc, american,japanese,german,)ADVERT FREE…..why should i be made to pay for millionaire prats like clarkson and ross,they do not interest me one bit,my tv is my monitor and games station,how about i rip out my receiver, if i cant receive, i wont pay, i`m more out on my motorbike than in( i watch the bike racing on euro sport)

     
  7. Paul Ockenden Says:
    October 2nd, 2009 at 12:39 pm

    I think the global Top Gear audience is 350kish. Still seizable, but not billions… And many PBS cable channels pay peanuts.

     
  8. Tom Says:
    October 2nd, 2009 at 1:16 pm

    I am a a student moving to university this year and i will be damned if i can afford to pay £140 to watch tv in my room, please dont hate on the iplayer freeloaders too much :)

     
  9. Dave Poyser Says:
    October 2nd, 2009 at 1:17 pm

    So, if you’ve fully paid your license fee, but choose to watch live TV (sky news/sports etc) during say, your lunch break at work, this is not allowed?

    If this is because the license covers your
    home not yourself, then does this mean watching TV with your netbook on the train is not permitted either? Good luck enforcing that.

     
  10. Craig Says:
    October 2nd, 2009 at 1:53 pm

    If I remember correctly did this not all come about thanks to VCR’s? When people had the ability to record then the licence needed updating to stop us all being criminals.

    Back then you could legally lend someone a video and as long as it was not played to an audience it was all fine. In effect this is still what happens with the iPlayer, the BBC puts it out, some people download it and then the rest download it from then through the torrent style network.

    While I don’t always think this is right it is easy to see how it came to be.

     
  11. chris Says:
    October 2nd, 2009 at 1:58 pm

    we pay a licence for the transmitters which the bbc own. So even if you don’t watch/listen to BBC channels your cable stream or sky stream is still receiving (streaming) BBC owned and transmitted channels.

     
  12. Nick Says:
    October 2nd, 2009 at 2:09 pm

    TV licencing is an utter farce, the most damning of all being the rudeness of the letters you are sent and the demand for double the fee for the first six months to “get ahead”.

    Mr Honeyball’s suggestion is a good one though, but what if you borrow someone else’s “serial key” for the weekend?

     
  13. Roy Says:
    October 2nd, 2009 at 2:54 pm

    The whole licensing thing is a joke. I frequently travel to the US and they look at me “gone out” when I tell them in the UK we have to have a “license” to watch TV.. otherwise were breaking the law!! Its so primitive/communistic to them. Why on earth cant a few pence just be put on taxes to pay for the flippin BBC and be done with it?? Its clearly unfair in a modern age, plus the terrorizing threats of the license adverts.. which also cost millions.

     
  14. MartinC Says:
    October 2nd, 2009 at 4:47 pm

    The reason for not needing a licence for iPlayer must be because it’s not live, so like watching a video, you don’t need a licence. The question of how much of delay is required to make it not ‘live’ is interesting, but I think the BBC have a get-out. No matter how many seconds your digital set top box delays the signal by its processing compared to analogue TV (compare to DAB vs FM), it’s not until hours after the programme has finished that it becomes available on iPlayer. Therefore a processing delay of up to the length of the programme must be considered ‘live’. The licence conditions are getting unenforceable though, with the difference between a mains powered set and a battery powered set becoming moot with handheld TV, mobiles and laptops. It has got to the point where it should just be a flax tax on all UK taxpayers; the ones that claim not to use this service probably still use the BBC news web site, radio and iPlayer, and I don’t see the qualitative difference betweeen the BBC as a service that only some use, and a library, fire station or school that only some use. It has to go the way of radio licence.

     
  15. Dave Wilde Says:
    October 2nd, 2009 at 7:59 pm

    With no Licence in the US, you have to PAY the cable Co. as there is absolutely NO free transmissions, and thats a minimum $50 ( 40 pounds ) – PER MONTH = 480 pounds per year. UK = 140 -Bargin – stop windging and pay.

     
  16. Mark Simpson Says:
    October 2nd, 2009 at 8:11 pm

    Battery-operated devices are covered by your home TV licence. Mains powered ones are not.

    Again, this is down to the laws surrounding TV licensing not being updated to match modern reality.

    And as to the student who can’t afford a TV licence. Sorry to hear that. I presume you’re going to have a very sober existence at Uni.

     
  17. Robert Schifreen Says:
    October 2nd, 2009 at 9:24 pm

    The guy on the radio was also asked whether Noel Edmonds has finally bought a tv licence. We were told that yes, he has. I wonder what the Data Protection Act says about TV licencing staff divulging information about its customers in public like that.

     
  18. Steve Cassidy Says:
    October 2nd, 2009 at 11:33 pm

    chuffin eck, Robert! we are honoured!

    I just don’t understand the people who think entertainment should be free – and Dave Wilde has already pointed out the special madness of the US attitude…

     
  19. Charles Marsh Says:
    October 3rd, 2009 at 3:06 am

    Because the alternatives are worse? Currently, premises need a licence for occupants to receive live TV programming through any medium, where live means at the same time or shortly after the programming has been broadcast in or into the UK. An alternative would be that premises need a licence to allow occupants to reproduce TV programming that is either live or has been broadcast in or into the UK at some more distant time in the past. You’d then potentially have to make an artificial distinction between physical media, like DVDs, and online distribution, and between original TV content and non-original TV content, like cinema films.
     
    You may say that my alternative is excessive and you’re only suggesting the licence should be needed to use the iPlayer video-on-demand service, and not those of other providers. But that would be tying the fee to specific content and it would no longer be a licence, it would be a subscription. Or, as has also been mentioned, you could have a charge for using iPlayer VoD that is independent of the licence. Either way, you soon end up arguing the TV licence out of existence. As MartinC said, it would go the same way as the radio licence. Unfortunately, that was replaced by a licence for the new technology. We’d end up with an Internet licence.
     
    Thinking about maintaining the status quo in the Internet age makes my head hurt. What I’d personally like to see is the BBC broken up. News, education, children’s programming and the World Service would remain in a publicly funded BBC, funded through general taxation. The rest would be merged with BBC Worldwide, called BBC Commercial, sold and allowed to do what they like: adverts, subscription, whatever.
     
    The BBC Breakfast item was one of those weird ones where the BBC interviews the BBC. Capita may be the agents, but the BBC is TV Licensing.

     
  20. lgm Says:
    October 3rd, 2009 at 7:52 am

    I remember when radio licences had to be abandoned. In that case it was car radios and new fangled portable transistor radios that did the damage. As with TV licences they were linked to a fixed address and at that time it was a simple matter to switch the licence to new fangled TVs which people could not carry around.

    Be very careful about complaining about our current TV licence. My take is that those who benefit from the licence are quite desperate to find a way to tax their output on the new web and satellite services but they just can not find out how to do it.

    We are looking at the introduction of a broadband tax in the next few months. This is supposed to be for upgrading the system. Is it fiddle! Once the tax is in place and running it will magically increase over the years until everyone is being well and truly screwed. If you do not believe this look at what is happening with air port departure tax. It started on the same sort of excuse.

    Small business are big broadband users so they are just begging to be taxed by their very existence. That is the nature of taxes. My advice is pay the £140 and keep smiling. Even simpler, block the TV feeds from your system.

     
  21. PB Says:
    October 4th, 2009 at 6:08 pm

    Personally I think it is a liberty that the BBC to require you to have a license to watch their channels as well as the other channels that we pay for (our sky subscription, or add sponsored channels like ITV). I’d much rather not watch BBC channels and opt out of the licence, I’m in effect paying twice to watch SKY, ITV, Channel 4, etc.

    Add to that the fact that if you don’t feel you should pay the licence then they are allowed to come into your house and check up on you, surely we still live in a country where you opt into things not out of, and are only subjected to this kind of treatment if they actually have a reason to believe you are breaking a law, it’s a disgrace.

     
  22. RP Says:
    October 4th, 2009 at 9:15 pm

    Simple, it’s because it’s a *television* licence not an “any form of video” licence. You don’t need one to watch DVDs you’ve bought, even if they’re of BBC programmes, for the same reason.

     
  23. Dave Says:
    October 5th, 2009 at 2:59 pm

    T.V. Licensing do NOT have the right to enter your home.You can tell them to go away and get a Court Order,and good luck to them with that one.A bit of Googling will find the facts,licensing staff imply that you have to let them in,technically if you stand aside or let them in you’ve invited them,DON’T.
    The detector vans are a con as well,I know someone,yes really,not hearsay,who used to servicve them,they don’t have the high tech gear we’re led to believe and never have had,they have lists of houses that havn’t got a license,big difference.
    Unless the Inspectors actually see through a window or something that you’re actually watching a t.v. programme when they call they can’t prove anything.I’m not advocating not buying a license if you have a t.v. just stating the facts,I currently have one,it runs out next April and I won’t be getting another one,I’ll be getting rid of my t.v. as well.There is life without one and if you look around plenty of news content on-line,including video.BBC these days is very poor quality and costs too much for what interests me.
    Easy enough to set up Iplayer as a subscription or pay per view so what’s the problem with the BBC doing just that?

     
  24. NH Says:
    October 5th, 2009 at 2:59 pm

    Why are still forced to pay a license tax anyway? The public should be allowed to opt out of license funded content. This would force the BBC to improve content as they would have to attract subscribers like the other commercial broadcasters.

     
  25. Andrew Says:
    October 5th, 2009 at 3:44 pm

    The Licence fee is a tax that creates a ring-fenced fund to run the BBC. It was created before the web was a twinkle in Tim Berners-Lee’s eye. It’s a mess that somoneone will fix, one day, and then we can all moan about what they come up with.

    In reply to Roy (above) and the incredulous Americans – I’d rather pay for a licence that put up with the ridiculous amount of advertising they endure. Been there and been appalled.

     
  26. Brian Clark Says:
    October 6th, 2009 at 3:51 pm

    Move to Australia No TV Licence there

     
  27. stu Says:
    October 7th, 2009 at 10:20 am

    I, like someone else mentioned, pay for Sky and for the TV licence. Why am i forced to pay twice when frankly I don’t watch anything on the BBC apart from one or two programs a year.

    You should be able to pay for your chosen medium but then thats it, you pay once not multiple times….and as we will all be paying an internet tax soon how long before the BBC try to force through something on that too?

     
  28. Shaun2k5 Says:
    October 7th, 2009 at 10:47 am

    I don’t watch BBC programming at all so I fail to understand why I should pay for content I never need.

    Maybe if BBC wasn’t busy paying for Championship football/F1 to appease niche audiences they might not need such money?

     
  29. Fido Says:
    October 16th, 2009 at 7:28 pm

    It is not a TV licence it is a TV tax. It exists because we are stupid enough to allow it.
    The solution is simple. when the TV licence people come knocking, don’t let them in. It has worked for me for the last 20 years.

     
  30. David C MacKenzie Says:
    November 12th, 2009 at 11:13 am

    There is a fundamental misunderstanding of what the TV License revenues are. They are funds collected entitling you to receive broadcast television from any source. The revenues are then put into a contingency fund which is then used to fund the BBC, to fund the Digital Changeover, and so on.

    As for what TV licensing people can and cannot do, they have a database of all residences which claim to have a TV license. By law, they are duty bound to ensure compliance with TV licensing law, and so, they check this in a number of ways, including by reminder letters, visits and so on. If they have reason to suspect that you are not in compliance with the law, then they can apply to the courts for a warrant to enter your premises, with the evidence that leads them to suspect non compliance. This might include such things as evidence from any of the methods of detection which are available, and which have been used to successfully prosecute evaders. There are many rumours about detector vans, but there is much evidence showing that such data has been used in the courts.

    Yes, it is a tax. That is it’s official status in law.

    When you use Sky, you actually do not pay for any of the BBC channels, they are free. Even if you cancelled your Sky subscription, you would still be able to receive them; the BBC Channels are freely available on the platform supplied by Sky.

    And, lastly, it is NOT the BBC, but the government that demand compliance; it was only in 1991, that duty for enforcement of compliance was taken away from the Post Office, and handed to the BBC

     

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