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Talk:Offshore radio

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Latest comment: 1 year ago by Викидим in topic Regarding Legal Jurisdiction

Radio Rainbow

[edit]

Please see Talk:Radio_Caroline#Radio_Rainbow --kingboyk 13:08, 1 March 2006 (UTC)Reply

Redundance

[edit]

this entry should be clubbed together in one with:

http://en.wikipedia.org/wiki/Pirate_radio

after this a forwarding link for the search word "offshore radio"

Actually, given that 'pirate radio' was just a name coined by the British press, I think they should be clubbed together under the 'Offshore radio' banner with a forwarding link to 'Pirate radio'. 'Pirate' has connotations of illegality, which most of the pirates actually weren't. --Deke42 (talk) 01:33, 29 February 2012 (UTC)Reply
[edit]

Contrary to what the article currently states, and State may arrest those who broadcast illegally from international water. The UN has established 5 basis of jurisdiction and the 5th relates to Universal Jurisdiction

"(5) Universal jurisdiction. According to Henry Kissinger, "the doctrine of universal jurisdiction asserts that some crimes are so heinous that their perpetrators should not escape justice by invoking doctrines of sovereign immunity or the sacrosanct nature of national frontiers." Under the relevant treaties, any State can board a ship on the high seas if the ship is suspected of piracy, transporting slaves, or broadcasting illegally. A ship and its occupants can be arrested for piracy and illegal broadcasting by a warship of any State. For other crimes, the arresting State must get the consent or assistance of the flag state. Also, a ship that flies two flags (flags of convenience) or a ship flying no flag may be visited for further inquiry by any State's ships. Ships without flags, and those that fly flags of convenience are subject to the jurisdiction of any State. While some scholars disagree, national courts have upheld convictions based on such arrests." http://www.straightdope.com/columns/read/2250/in-international-waters-are-you-beyond-the-reach-of-the-law  Preceding unsigned comment added by 2001:470:67:1AD:50:26C8:FC83:D35 (talk) 04:55, 23 May 2015 (UTC)Reply
I didn't notice the issue with this article until now, but I concur, it has problems. Being in international waters does not exempt one from radio licensing regulations of the vessel's Flag state. -–Sparkgap (talk) 22:24, 6 August 2019 (UTC)Reply
I concur with this. I personally do not want to make the edit myself as I am not familiar with the Wikipedia editing style and don't wish to ruin it, but I highly suggest someone correct it.
According to the UN ITU (International Telecommunication Union) Radio Regulations (English, 2020), Volume 1, Chapter V, Article 18, 18.1 - "No transmitting station may be established or operated by a private person or by any enterprise without a licence issued in an appropriate form and in conformity with the provisions of these Regulations by or on behalf of the government of the country to which the station in question is subject"https://www.itu.int/pub/R-REG-RR-2020
Additionally according to the same ITU Radio Regulations, in Volume 1, Chapter IX, Article 47, 47.2 - "The service of every ship radiotelephone station, ship earth station and ship station using the frequencies and techniques for GMDSS, as prescribed in Chapter VII, shall be controlled by an operator holding a certificate issued or recognized by the government to which the station is subject. Provided the station is so controlled, other persons besides the holder of the certificate may use the equipment."
It is clear given these provisions that even if the broadcast took place in international waters, the broadcaster would be required to have a license from a country which fits the ITU license requirements. 68.114.61.134 (talk) 19:11, 19 February 2024 (UTC)Reply
The actual situation is quite straightforward and coverd in the Article 109 of UNCLOS (, p. 62). No, the ship does not need a license - but only if nobody can hear you and/or object to the broadcast. Викидим (talk) 22:10, 18 May 2025 (UTC)Reply