“I
came in like a wrecking ball,
All
I wanted was to sell it all”
Wrecking
Ball Parody - John Key version
Planet Key's back!
The
High Court has ruled in favour of two music artists, whose Planet Key
parody song was placed under a gag order by the Electoral Commission
during the 2014 election campaign.
In
August, ahead of the September election, the Electoral Commission
blocked radio stations and media outlets from playing a satirical
Planet Key music video by singer-songwriter Darren Watson and video
producer Jeremy Jones.
The
commission said it viewed the Planet Key video as an "election
programme" and so it could not be broadcast on radio or
television without an authorised promoter statement.
But
on Thursday, Justice Denis Clifford released his judgment ruling the
satirical song was allowed to be broadcast during the campaign.
"In
doing so, the court emphasised the importance of the rights to
freedom of expression and to participate in genuine elections for
Parliament, confirmed by the New Zealand Bill of Rights Act,"
Clifford said.
The
video went viral after its release in August, and Prime Minister John
Key was unfazed by it.
He
said it was "quite professionally done" and "it was
anti-us, but as a parody it was OK, wasn't it?"
But
Commssion spokesman Richard Thornton said at the time, there were
"strict rules in the Broadcasting Act that prohibit the
broadcasting on radio and television of material by third parties
that appears to encourage voters to vote or not to vote for a
political party or candidate".
"If
the video is an election advertisement it can still be published
online. However, the video would need to include a promoter statement
so that voters can see who has promoted it."
The
implications of that could have left the pair facing huge costs, as
they would have needed to register with the commission as a third
party promoter.
In
the lead-up to the election, the song was briefly sold on iTunes and
the video was available for free on websites, which according to the
Commission, was a criminal offence liable for a fine of up to
$40,000.
The
pair took the Electoral Commission to the High Court, saying the song
was a "personal opinion" and exempt from electoral rules.
The
High Court ruled that under the Electoral Act, "the concept of
an advertisement did not, as the Electoral Commission suggested,
simply mean any form of announcement to the public".
"On
that basis the High Court concluded that neither the song, nor the
music video should, when and if broadcast, be regarded as
advertisements."
Neither
Watson nor the Electoral Commission were immediately available to
comment.
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