Disabled mum’s ‘terrifying’ prosecution over non-payment of TV licence
“I still have panic attacks now.”
Claire (not her real name), a disabled mum in her 30s, never imagined she’d ever face criminal prosecution. But earlier this year, that’s what happened – for non-payment of her TV licence.
The stress took its toll on her mental and physical health.
“I don’t think I’m a criminal,” she says. “I have two kids I take to school every day, I try and pay my bills… I had to get anxiety tablets because I couldn’t sleep.”
Claire* speaks to Sky News’ Katie Spencer
As the BBC looks to broker a new funding deal with the government in the next three years, critics of the current licence fee model argue it is hard to justify how non-payment is still seen as serious enough to merit criminal prosecution.
The fee is currently a flat rate of £169.50 – poorest households pay as much as the richest.
Claire, who was fined £736 for non-payment, spoke to us anonymously about her experience of dealing with the fast-track system of processing cases.
The whole process, she says, was “terrifying”. At the time the enforcement officer knocked on her door, her partner had recently been jailed for domestic violence. He had previously taken control of her finances.
“All my money was in his account and I wasn’t getting access… from what I was aware he was paying the bills but it turned out he wasn’t,” she says.
The enforcement officer said he understood, Claire says. But a week later she received a letter to say she was going to be prosecuted.
The BBC is looking to broker a deal with the government in the next three years
Claire was told she would need paperwork to prove her situation, but didn’t have the money to send off for it. With 21 days to respond she felt she had to plead guilty or the costs might escalate.
“All you think is, ‘If I don’t pay this are they going to put me in prison?’.”
The licence fee has always been the BBC’s bread and butter – but given 500,000 households cancelled last year, there are questions over its sustainability. Other models such as Netflix, for example, successfully exist without needing the threat of prosecution.
Can the BBC still justify it?
Mary Marvel, head of policy at access-to-justice charity Advicenow, says “innocent people are feeling forced to plead otherwise” so their fine is reduced.
Under the Conservative government, various reviews looked into the pros and cons of decriminalising non-payment – ultimately concluding to keep the system as it is for now. Previously, the BBC said switching to a civil system would cost more than £1bn and lead to major cuts.
Keep up with all the latest news from the UK and around the world by following Sky News
The Times newspaper recently claimed the current Labour government intends to scrap prosecutions over concerns women are being unfairly penalised. However, Sky News understands this is not the case.
Ahead of the BBC’s next charter review, all the government has officially said is that it isn’t ruling out making changes – and there will be consultation before making any decisions.
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‘I still have panic attacks now’
Almost three-quarters of 2023 prosecutions were women
Currently, the vast majority of prosecutions are dealt with via a system called the single justice procedure – a fast-track for relatively straightforward cases designed to fix the backlog of court delays.
Cases are processed by a single magistrate in private, and letters from defendants often go unread by prosecutors if an individual pleads guilty.
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Almost 31,000 people were prosecuted for non-payment of the TV licence last year. Just over 73% were women.
Why the disparity? In 2023, a BBC review found that more than 60% of single-adult households are female, compared with less than 40% male. The review also found behavioural differences: women are more likely to be at home; more likely to open the door; and more likely to be the point of contact for bills and domestic admin.
Tom Franklin, chief executive of the Magistrates’ Association, wants tweaks made to how cases are dealt with
Magistrates Association chief executive Tom Franklin says the TV Licensing authority should review pleas and mitigations before cases come before magistrates, giving an opportunity for them to be withdrawn if not in the public interest – “particularly for the most vulnerable in society”.
The government says the decision to prosecute “sits with TV Licensing”, but it is “keeping under review” its oversight and regulation of organisations using the single justice procedure.
A TV Licensing spokesperson said the authority would contact Claire and review the prosecution.
“We have the ability to overturn a conviction when provided with evidence that it was not in the public interest,” they said.
Significant reasons could include domestic violence, and mental and physical ill-health, the spokesperson said, adding that prosecution is always a “last resort”.
For now, Claire is incrementally using universal credit to pay back a fine she arguably shouldn’t have been prosecuted for in the first place.
The creator of an AI actress has told Sky News that synthetic performers will get more actors working, rather than steal jobs.
AI production studio Particle6 has ruffled feathers in Hollywood by unveiling Tilly Norwood – a 20-something actress created by artificial intelligence.
Speaking to Sky News’ Dominic Waghorn, actor and comedian Eline Van der Velden – who founded Particle6 – insisted Norwood is “not meant to take jobs in the traditional film”.
AI entertainment is “developing as a completely separate genre”, she said, adding: “And that’s where Tilly is meant to stay. She’s meant to stay in the AI genre and be a star in that.”
“I don’t want her to take real actors’ jobs,” she continued. “I wanted to have her own creative path.”
Norwood has been labelled “really, really scary” by Mary Poppins Returns star Emily Blunt, while the US actors’ union SAG-AFTRA said in a statement: “Tilly Norwood is not an actor, it’s a character generated by a computer program that was trained on the work of countless professional performers – without permission or compensation.”
Responding to the criticism, Ms Van der Velden argued that Hollywood is “going to have to learn how to work with [AI] going forward”.
“We can’t stop it,” she said. “If we put our head in the sand, then our jobs will be gone. However, instead, if we learn how to use these tools, if we use it going forward, especially in Britain, we can be that creative powerhouse.”
Eline Van der Velden said she wanted the character to ‘have her own creative path’
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Ms Van der Velden said her studio has already helped a number of projects that were struggling due to budget constraints.
“Some productions get stuck, not able to find the last 30% of their budget, and so they don’t go into production,” she said. “Now with AI, by replacing some of the shots […] we can actually get that production going and working. So as a result, we get more jobs, we get more actors working, so that’s all really, really positive news.”
Entertainment
Sally Rooney tells court new books may not be published in UK due to Palestine Action ban
Irish author Sally Rooney has told the High Court she may not be able to publish new books in the UK, and may have to withdraw previous titles from sale, because of the ban on Palestine Action.
The group’s co-founder Huda Ammori is taking legal action against the Home Office over the decision to proscribe Palestine Action under anti-terror laws in July.
The ban made being a member of, or supporting, Palestine Action a criminal offence punishable by up to 14 years in prison.
Rooney was in August warned that she risked committing a terrorist offence after saying she would donate earnings from her books, and the TV adaptations of Normal People and Conversations With Friends, to support Palestine Action.
In a witness statement made public on Thursday, Rooney said the producer of the BBC dramas said they had been advised that they could not send money to her agent if the funds could be used to fund the group, as that would be a crime under anti-terror laws.
Rooney added that it was “unclear” whether any UK company can pay her, stating that if she is prevented from profiting from her work, her income would be “enormously restricted”.
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Why was Palestine Action proscribed?
She added: “If I were to write another screenplay, television show or similar creative work, I would not be able to have it produced or distributed by a company based in England and Wales without, expressly or tacitly, accepting that I would not be paid.”
Rooney described how the publication of her books is based on royalties on sales, and that non-payment of royalties would mean she can terminate her contract.
“If, therefore, Faber and Faber Limited are legally prohibited from paying me the royalties I am owed, my existing works may have to be withdrawn from sale and would therefore no longer be available to readers in the UK,” Rooney added, saying this would be “a truly extreme incursion by the state into the realm of artistic expression”.
Rooney added that it is “almost certain” that she cannot publish or produce new work in the UK while the Palestine Action ban remains in force.
She said: “If Palestine Action is still proscribed by the time my next book is due for publication, then that book will be available to readers all over the world and in dozens of languages, but will be unavailable to readers in the United Kingdom simply because no one will be permitted to publish it, unless I am content to give it away for free.”
Sir James Eadie KC, barrister for the Home Office, said in a written submission that the ban’s aim is “stifling organisations concerned in terrorism and for members of the public to face criminal liability for joining or supporting such organisations”.
“That serves to ensure proscribed organisations are deprived of the oxygen of publicity as well as both vocal and financial support,” he continued.
The High Court hearing is due to conclude on 2 December, with a decision expected in writing at a later date.
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