Public Address | Cafe | Legal Beagle: Cats and Coro II: [appropriate sequel subtitle]

Graeme Edgeler

Fri, 10 Feb 2012 16:14:22 +1300

I have now updated the post with a link to the Electoral Commission's decision. If you look at the final section, you may see why I consider a full prosecution unlikely. To me, it reads like the Electoral Commission is telling the police that they considered this minor enough that…

Graeme Edgeler

Thu, 09 Feb 2012 18:52:02 +1300

Maybe so. But they didn’t do that. And so the BSA quite clearly decided, on their interpretation of s.69, that this just wasn’t an “Election Programme” as per the Broadcasting Act. Which is the complete opposite view to the Electoral Commission. So, with respect, you can’t say that the BSA…

Craig Ranapia

Thu, 09 Feb 2012 17:41:43 +1300

Point being, the fact two different bodies asking the same question came to different answers indicates that there's no real clear right or wrong answer here.

And if S. 69 of the Broadcasting Act is ambiguous it's hardly the fault of either the BSA or the Electoral Commission, since they…

Andrew Geddis

Thu, 09 Feb 2012 17:00:56 +1300

"The BSA decision is available here. You will note they adopt the definition in section 69, without mentioning that their jurisdiction arises out of section 21, and that they should therefore be assessing whether the programme was "broadcast under Part 6"."

Maybe so. But they didn't do that. And so…

Graeme Edgeler

Thu, 09 Feb 2012 15:20:57 +1300

Not clear to me what time limit is. Am i being dim?

No. In my somewhat hurry, I didn't say. Any prosecution must be laid within six months of the broadcast.

Toby

Thu, 09 Feb 2012 15:06:49 +1300

Not clear to me what time limit is. Am i being dim?

Rich of Observationz

Thu, 09 Feb 2012 14:59:22 +1300

This wasn't advertising content, over which a broadcaster exercises limited control (they have a veto, but don't really edit it)

I thought a lot of radio advertising was produced inhouse by the broadcaster that transmits it?

Graeme Edgeler

Thu, 09 Feb 2012 14:51:40 +1300

I was asked for a clarification on the different definitions of election programme, and why the BSA and EC came to different conclusions, it seems sensible to copy my reply over:

I didn't want to get into it in my post, but I think while the BSA came to the…

Ian Dalziel

Thu, 09 Feb 2012 14:32:34 +1300

NZ on ear...
An hour hosted by the PM, but otherwise involving exactly what they’d normally be doing...
effectively an "aural billboard" I'd have thought...

merc

Thu, 09 Feb 2012 14:19:34 +1300

Thanks for a very clear elucidation.
Me too. On the "out" clause,
Oh what a tangled web we weave...

Graeme Edgeler

Thu, 09 Feb 2012 14:17:48 +1300

Having now received a copy of the (still embargoed) decision, there seems one other point to usefully note about the difference between the Electoral Act and the Broadcasting Act:

__while both set up a process whereby the Electoral Commission acts as an initial screener of complaints, the Electoral Act allows…

nzlemming

Thu, 09 Feb 2012 14:13:26 +1300

Thanks for a very clear elucidation. I am appreciative of your attempts to explain this on Kiwibog as well, though I do wonder why you bother ;-)

Public Address

Thu, 09 Feb 2012 14:13:26 +1300

Discussion from blog post.