Previous 5 / 40 Next

of the 1981 South African rugby tour, and his early career as a banker, are addressed in what is intended to be a humorous manner. For example, Mr Key is shown dressed as a cowboy, riding the “Charging Bull” statue on Wall Street whilst holding United States bills in his hands. In terms of policy issues, visual references are made to the close relationship that the Prime Minister has fostered with the United States, the SkyCity casino transaction, the funding of Hollywood projects, fracking, asset sales, the Christchurch rebuild, surveillance issues, the Prime Minister’s relationship with Cameron Slater and a wide range of other matters. [8] The song and video were artistic and satirical, but they also conveyed political messages sharply hostile to the National Party and several of its senior Ministers, particularly the Prime Minister. Notably, the song advised the audience not to vote for Mr Key if they wanted compassion and the video portrayed negative views of Mr Key and several Ministers on contentious issues of the day. The respondents conceded before us, as in the High Court,5 that the song and video were likely to encourage voters not to vote for the National Party or for Mr Key. [9] Messrs Watson and Jones acted alone, not for any political party or interest group. Mr Watson paid the production expenses — some $721.63 — himself. He intended to publish the song on iTunes for paid download, with royalties to be shared with Mr Jones. Publication [10] On 4 August 2014, within the three-month regulated period before the general election, Mr Watson released the song on iTunes and Mr Jones uploaded the video to the YouTube and Vimeo websites for free viewing. Mr Watson also sent free downloads of the song to radio stations that he thought might play it. No question arose of paying them to play the song. The Electoral Commission’s intervention [11] An independent radio station, Free FM Hamilton, learned of the song through Facebook and one of its volunteer programme-makers decided to include the song in what the evidence describes, without elaboration, as a politics-based radio show. 5 High Court judgment, above n 1, at [61].

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