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Clearly this has no relevance to the current operations of Malcolm Smith because he is in the UK and this legislation applies to the USA.

Malcolm's operation is perfectly legal. His advertising is totally fake because it embraced the lies once spun by Ronan O'Rahilly. That invented record of the past created a totally false chronology which Malcolm now uses as the foundation for his transmissions, which are perfectly legal.

The question is why people want to broadcast illegally when all they are doing is playing music that can be heard in many legitimate ways? There is no censorship as such.

When offshore radio began in the Sixties it required the financial backing of Herbert W. Armstrong and his neo-Brexit message targeting the formation of a United States of Europe. It was a political message wrapped in religion that was not being broadcast on the BBC. Those days are long gone.

So why broadcast illegally? One answer is to sell drugs and thus make money, illegally. In other words, 'pirate radio' is on the same level as gangland warfare.

But what Malcolm appears to be doing is taking the dying embers of nonsense and by calling it 'Radio Caroline' he is hoping to create a new and legitimate financial basis for himself. He has already made moves in that direction by hiving-off the ship to a group who are trying to finance it as a charity. Then he got a license for a separate FM operation which has only slight connections to the 'Caroline' name.

The day will come when Malcolm hopes that he will be able to rid himself of the mythology of Ronan O'Rahilly and all that his followers believe. Right now, he needs the myth because he needs the financial support of the people who believe in the myth.