Explanatory note

Under section 2A of the Marine, & c, Broadcasting (Offences) Act 1967 (inserted by paragraph 2 of Schedule 16 to the Broadcasting Act 1990), it is an offence to make a broadcast from a ship (other than one registered in the United Kingdom, the Isle of Man or any of the Channel Islands) while the ship is within any area of the high seas prescribed for the purposes of that section. This Order (Article 3 and the Schedule) prescribes the areas of the high seas in which it is an offence to make such a broadcast.

The owner or master of the ship, and any person who operates, or participates in the operation of, the apparatus by means of which such a broadcast is made, may be convicted (section 2A(2)). An offence under section 2A may, pursuant to section 6(3) of the 1967 Act, be taken to have been committed in any place in the United Kingdom. The enforcement powers provided for in section 7A of the 1967 Act (inserted by paragraph 8 of Schedule 16 to the 1990 Act) apply to the offence under section 2A.

The penalties for contravention of section 2A are, on summary conviction, a term of imprisonment not exceeding six months, or a fine not exceeding the statutory maximum (£2,000), or both; and on conviction on indictment, a term of imprisonment not exceeding two years, or a fine, or both. Section 14 of the Wireless Telegraphy Act 1949 (c. 54) (as amended by section 172 of the 1990 Act) provides powers for the court to forfeit the broadcasting apparatus, recordings and ship to the Secretary of State.

A broadcast made from a ship in one of the areas prescribed by this Order does not contravene section 2A of the 1967 Act if it is authorised under the law of a country or territory outside the United Kingdom (subsection (4)).

The areas prescribed by this Order cover areas of the high seas, that is to say, areas outside the territorial waters of the United Kingdom (which presently extend to a distance of 12 nautical miles pursuant to the Territorial Sea Act 1987 (c. 49)). It remains an offence to broadcast from a ship or structure within the territorial sea (sections 1 and 2 of the 1967 Act respectively), or from a ship registered in the United Kingdom, Isle of Man or any of the Channel Islands wherever it may be (section 1), or for a British subject to make a broadcast from a place on the high seas outside the areas prescribed in this Order (section 3).