TABLE OF CONTENTS Introduction The making of Planet Key Publication The Electoral Commission’s intervention The definitions of election advertisement and election programme Protected rights engaged The issues Planet Key and Greenpeace Election advertisements The legislation Effect Editorial content Personal political views expressed via the internet Parallel campaigners as the intended target of regulation The Commission’s gatekeeper role Conclusions The song and video were not election advertisements Election programmes The legislation Programme Election programme Prohibition not confined to paid programmes Comments The song and video were not election programmes Overview Decision [1] [5] [10] [11] [17] [23] [26] [37] [40] [40] [53] [54] [59] [62] [66] [68] [70] [77] [78] [83] [88] [100] [102] [105] [111] [112] Introduction [1] Electoral law protects both the right to vote and the right to free expression. The two rights are complementary, but a full and effective right to vote also requires that political parties and candidates compete transparently and under rules applicable to all. So the legislation regulates election advertising on the premise that the public interest justifies the resulting restrictions on free speech. It also confers advisory and policing functions upon the Electoral Commission. [2] Planet Key was a satirical song and video that but for the intervention of the Electoral Commission would have been broadcast in the lead up to the 2014 general election. The Commission is said to have overreached by interfering in the expression of personal political views. Planet Key itself is now of historical interest, but the legal controversy that it engendered is not; the controversy concerns the

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