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7 - Unauthorised broadcasting on the high seas

Published online by Cambridge University Press:  11 September 2009

Douglas Guilfoyle
Affiliation:
University College London
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Summary

Introduction

Jurisdiction over unauthorised broadcasting from the high seas (‘unauthorised broadcasting’), sometimes inaccurately called ‘pirate broadcasting’, is the most unusual form of criminal jurisdiction created under UNCLOS. The evolution of this limited treaty jurisdiction can only be understood in historical context.

A short history of unauthorised broadcasting

Unauthorised broadcasting from the high seas was principally a western European problem, peaking in the mid 1960s and largely vanishing thereafter, although sporadic broadcasting continued into the 1980s. Broadcasting regulation explains why the problem was so localised in time and place. In 1965 radio broadcasting in thirteen European states was a state monopoly without advertising. Prior to state regulators permitting domestic commercial radio stations this created an economic niche for commercial broadcasting (especially for popular music) operating outside national jurisdiction. Even at its height such broadcasting was never extensive. From 1958 to 1965 possibly as few as eleven unauthorised high-seas stations operated on anything more than a temporary basis.

Far from being victimless, unauthorised broadcasts may jeopardise public safety, interfering with emergency frequencies and sea and air traffic control channels. However, the interest most affected was undoubtedly the coastal state's economic interest in regulating valuable space on the radio communications spectrum. Denmark, Finland, Norway and Sweden took the first effective measures against unauthorised broadcasting, implementing relatively uniform legislation on 1 August 1962.

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Publisher: Cambridge University Press
Print publication year: 2009

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