12

According to Is it illegal for Joe Public to listen to ATC in the UK? over on Aviation.SE, although aviation transmissions are broadcast publicly, in the clear, unencrypted; it is illegal to listen to them live on a scanner or such.

What law prohibits this? I believe it dates to WWII fears of spies. I also believe the UK is the only country with such a law. You can freely listen to New York's JFK or Amsterdam Schiphol's ATC without a problem.

Has anybody been successfully prosecuted under this law?

Community
  • 1
Danny Beckett
  • 951
  • 9
  • 21

3 Answers3

13

The Radiocommunications Agency (now OFCOM) issued some guidance about this in 2001.

The specific offence is defined by s5 Wireless Telegraphy Act 1949:

Any person who ... uses any wireless telegraphy apparatus with intent to obtain information as to the contents, sender or addressee of any message (whether sent by means of wireless telegraphy or not) of which neither the person using the apparatus nor a person on whose behalf he is acting is an intended recipient ... shall be guilty of an offence under this Act.

It's also an offence under s5(1)(b)(ii) to disclose the contents of any such message, so the reception and disclosure of radio messages not sent by or addressed to you are both offences.

I don't know if there have been any successful prosecutions specifically for monitoring aircraft communications. I doubt whether a hobbyist listening for his own enjoyment would attract the attention of the authorities, but if he started to publish recordings of the traffic then that might well do it.

Flup
  • 3,064
  • 1
  • 23
  • 38
-1

What about other planes listening to the broadcast which isn't meant for them!

Don't think the OFCOM clause mentioned applies on public transmission channels. A receiver of this transmission cause no disruption and anyone can easily build a device capable of listening to transmission.

It is, however, restricted but not because of this OFGEM clause.

Hali
  • 9
-1

Listening to airband in the UK is technically illegal, unless you are a licensed VHF radio operator (ie, Pilot /ATC officer / AFISO etc. However, the popularity and abundance of listeners, in reality means that in the UK, there is an unofficial ish dispensation meaning you will not get prosecuted for listening in, unless you are doing so for illicit purposes. Transmitting on airband frequencies, however, will cause you sertious problems!! Listening is a bit like standing still on a pavement! Technically illegal, (Obstructing the public right of way) but not really prosecutable, unless you are told to move along, by a constable.

Peter Watts
  • 1