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All I wanted when I was growing up Was to be the boss of you all Never believed in nothing Never took a stand I owe it all to my mother Now that I’m almost a man … and I’m Up here on Planet Key It’s all for one and it’s all for me Up here on Planet Key You think I’m faking? You’re not mistaken. I am a new politician The kind you long to believe You see yourself in my story You see my heart on my sleeve Never believed in nothing Never cared for the fools Who want to ruin this country With all their taxes and rules. And I’m up here on Planet Key You got the money that’s enough for me Up here on Planet Key You think I’m jokin’? This gun is smokin’. Never had much of nothing But now I’m livin’ it big I marvel how much you trust me I hide the truth like this wig. I’m up here on Planet Key In the land where the rich are free I’m up here on Planet Key We’re immune to GCSB Up here on Planet Key You want compassion don’t vote for me Up here on Planet Key The clock is tickin’. [7] The second respondent, Jeremy Jones, is a designer who offered to make a video to accompany the song. He saw the exercise as a light-hearted way to express his own political views. Clifford J neatly described the video as:4 … a Monty Python-style animated video satirising a wide range of issues relating to the Prime Minister personally, and to the National Government and other senior politicians, to the words and music of the song. Issues such as the Prime Minister’s state house upbringing, his reported lack of memory 4 High Court judgment, above n 1, at [30].

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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
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Election Judgments - IFES

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Electoral Commission v. Watson

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