Dear British Broadcasting Corporation,
TVL has previously confirmed that a television not connected to power and an aerial is not a television receiver and does not require a licence. See TVL email here https://drive.google.com/file/d/0B0eNVR3...
The author of that email, Alison Roberts, advised that it might be a sensible precaution to unplug the power and aerial, in order to guard against adverse inference being drawn from having these items connected but that such action was **not mandatory** since a TV licence is only required to watch or record live programmes.
I was very disturbed then to observe the execution of a search warrant on this video https://www.youtube.com/watch?v=4QnFwLqC... in which the television is not connected to either power or mains. You will observe that the Capita employee first attempts to coerce the occupier to install the television to receive live broadcasts and thus commit a licence evasion offence. Secondly the Capita employee himself attempts to install the television and thirdly the occupier is threatened and charged for "obstruction" of the warrant for refusing to commit the offence demanded by the Capita employee by installing his television.
Under the FOIA please state:
1. Are Capita employees trained and made aware that a TV licence is only required to watch or record live programmes +iPlayer?
2. Are they aware that a TV which is turned off, even if connected to power and aerial, cannot be evidence of licence evasion and that, at worst, a court may draw an adverse inference, if the TV remains connected to an aerial?
3. During the execution of a search warrant, are Capita instructed to attempt to coerce occupiers into illegally installing TV receiving apparatus?
4. During the execution of a search warrant, are Capita instructed to themselves install or attempt to install TV receiving apparatus?
5. In the event that no evidence of evasion is found upon search under warrant, are Capita instructed to go for a charge of "Obstruction" as the consolation prize? See https://www.youtube.com/watch?v=WQDqEVpM... for another example of this behaviour.
6. What is the BBC going to do to address this kind of malpractice by Capita employees acting on behalf of TVL/BBC?
Dear Karin Mabberley
Thank you for your request for information under the Freedom of
Information Act 2000, as detailed in your email. Your request was received
on 17/02/2018. We will deal with your request as promptly as possible,
and at the latest within 20 working days. If you have any queries about
your request, please contact us at the address below.
The reference number for your request is RFI20180311.
BBC Freedom of Information
BC2 A4, Broadcast Centre
201 Wood Lane
London W12 7TP
Email: [BBC request email]
Tel: 020 8008 2882
Dear Ms Mabberley,
Please find attached the responses to your requests for information,
reference RFI20180311 and RFI20180321
BBC Information Policy and Compliance
Room BC2 A4
Email: mailto:[BBC request email]
Description: Description: \\BBCFS2025\UserData$\myrien01\Documents\My
2. mailto:[BBC request email]