Previous 30 / 40 Next

within the period of current interest”.66 Complaints may be made to the Broadcasting Standards Authority, which may order the broadcaster to broadcast a statement about a justified complaint.67 [80] Programme is defined to mean sounds and/or visual images “intended” to “inform”, to “enlighten”, or to “promote the interests of any person”, or to promote goods and services:68 programme— (a) (b) [81] means sounds or visual images, or a combination of sounds and visual images, intended— (i) to inform, enlighten, or entertain; or (ii) to promote the interests of any person; or (iii) to promote any product or service; but does not include visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text The Broadcasting Act recognises various kinds of programme and two of them, advertising and election programmes, receive further definition. Election programme means:69 election programme means, subject to subsection (2), a programme that— 66 67 68 69 (a) encourages or persuades or appears to encourage or persuade voters to vote for a political party or the election of any person at an election; or (b) encourages or persuades or appears to encourage or persuade voters not to vote for a political party or the election of any person at an election; or (c) advocates support for a candidate or for a political party; or (d) opposes a candidate or a political party; or (e) notifies meetings held or to be held in connection with an election Broadcasting Act, s 4(1)(d) and, relevantly, Broadcasting Standards Authority Free-to-Air Television Code of Broadcasting Practice (May 2011) at 6 and Radio Code of Broadcasting Practice (July 2008) at 5. Sections 8 and 13. Section 2(1), definition of “programme”. Section 69(1), definition of “election programme”.

Select target paragraph3

● ● ●

Electoral Commission v. Watson

Judgment

Question Presented: Whether the video and song Planet Key are considered election advertisements and/or election programs.

Alleged Acts: Planet Key is an satirical song and video that was intended to be broadcast during the 2014 Election. The video included commentary on the Prime Minister’s upbringing, early careers, and relationships. The video also included a message note to vote for Mr. Key “if they wanted compassion.” Watson and Jones, the creators of the song and video were not affiliated with any political group and paid all expenses. Watson and Jones sent out the video within the three-month regulated period surrounding the 2014 elections. The Electoral Commission intervened in its broadcasting because the classified the song and video as an “election program” under the Broadcasting Act.

Procedural history: The Commission produced an advisory opinion stating that the broadcast was an election program because it was reasonably considered to encourage voters not to vote for Mr. Key or his political party. Further, the broadcast was considered an election advertisement under the election act because it was avaliable for public download even though it was the individual political views of Watson and Jones. Thus, Watson was required to include a promoter statement in order to comply with the Electoral Act. Watson alleged that his individual political rights were limited because he was not able to publish the song.

Summary: The first considered that the creators of the video and song were not themselves campaigners under the definition of election advertisements. They were only expressing individual political rights. The costs to create the song and video were less than eight hundred dollars, so even if theses were advertising expenses, they were not substantial. Further, the court considered that the material denigrated Mr. Key but did not encourage voting implicitly or explicitly. Thus, any impact would be too indirect to actionable by the court. The song and video had a clear entertainment value rather than factual accuracy. The court considered that video and song were never dispensed through a broadcaster, but through an politics based radio program — except after the Commission’s intervention. Thus, the court could not determine whether the video would surmount to advocacy because the context was not permitted to take place (i.e. balancing with other opinions). The video is not an election program, but rather an election comment because it was offered by individuals that were not candidates or political representation.

Conclusion: The song and video are not election programs or election advertisement. Thus, the appeal is dismissed.

Legal Issue(s)

Social Media

Applicable Law(s): Electoral Act; Broadcasting Act

Region: Asia-Pacific

Country: New Zealand

Language of Decision

English

Court: Appellate Court

Election Type: General

Date of decision: Oct 20, 2016

Geolocation

Latitude: -41.263917612080235

Longitude: 174.77498988598148

: Geolocation

Primary Documents

Electoral Commission v. Watson.pdf
English
Download View

Election Judgments - IFES

Select target paragraph3

Electoral Commission v. Watson

Primary Documents

Notifications