With the run up to the New Zealand election, 26th November, there appears to be a section of the 'Election Broadcasting Advertising Law' that will plague all political parties, candidates, and their supporters, that use social media platforms. The law clearly states Here that Television stations, billboards, flyers and radio networks are deemed the only channels of broadcasting significance. Where does this leave the internet?
With platforms such as Youtube, Twitter, and facebook dominating the 2008 US presidential elections, New Zealand seems set to embrace these platforms for the November election. Are These channels already covered by law? If they are, as I suspect they will be, NZ politicians need to clearly understand the do's and don'ts of social media electioneering.
Also are the use of social media platforms going to be included under the 'Electoral Finace Act 2007'? If so, the both of these bills will significantly inhibit the use of Social media for all parties and supporters leading up to the election.
Broadcast election advertising terms
The Broadcasting Act 1989 refers to "election programmes". This definition includes advertisements by electoral agencies and station community service announcements.
This guidance uses the term "broadcast election advertising" to refer to advertising by political parties, candidates or other groups with an election-related message. Broadcast election advertising includes:
- advertisements relating to parties, or candidates, or both.
- 'positive' and 'negative' messages e.g. 'Vote for X' and 'Don't vote for Y' (although candidates may not run negative advertising).
- advertisements of election meetings.
- broadcast visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text (eg, Teletext).
"Broadcasting" covers radio and television, including subscription services but not pay-per-view channels. A "broadcaster " is a person who broadcasts programmes, but does not include a transmission service supplier unless they have some control over what is broadcast. The "broadcaster" will generally be a station or network manager.
Users of this guidance should check the legal definitions and their applications when appropriate.
Electorate candidate advertising must promote the electorate vote only, although the party name and policies may be mentioned. Electorate candidates cannot run negative advertising. All advertising must be paid for (although an advertising schedule may contain bonus airtime contingent on a spend level), broadcast between writ day and midnight on the day before election day, be authorised in writing and contain a promoter statement. The cost must be included in the candidate's return of election expenses, even where that cost is not paid by the candidate. Unless paid for from a party allocation, electorate candidates may not share broadcast election advertisements with other candidates (unlike non-broadcast advertising).
Registered political party election advertising
Registered party advertising may advocate for or against a party. When it advocates for an electorate candidate then authorisation and expense apportionment requirements may apply. All advertising must be: paid for from an allocation made by the Electoral Commission, broadcast between writ day and midnight on the day before election day, be authorised in writing and contain a promoter statement. The cost of placement paid for out of an allocation of money from the Commission is not included in the party's return of election expenses. If a party places advertising from its own funds, then this expenditure must be included, despite it being an offence to spend party funds in this way.
Other election-related advertisers covered
Individuals or organisations who are not parties or candidates (including third parties) may broadcast an advertisement which relates to an election, such as advocating for or against a policy, but it must not name or directly advocate for or against a party or candidate. Such advertisements must contain a promoter statement, Electoral Act 1993 s204F and s.221A. A promoter statement including the promoter's name and full street address of where the promoter usually lives or any other place where he or she can usually be contacted between 9am and 5pm on any working day to ensure that the rules around promoter statements are met.
Non-partisan, community service, station announcements (eg, free listings of candidate meetings, encouragement to enrol or vote) may be broadcast and must contain an authorisation statement giving the true name and street address of the home or work of the person authorising it.
Official advertisements placed on behalf of the electoral agencies are not restricted but must identify the agency that authorised it.
Third party campaigns
The Act made it illegal for anyone to spend more than NZ$12,000 criticising or supporting a political party or taking a position on any political matter, or more than NZ$1,000 criticising or supporting an individual member of parliament, without first registering with a state agency, the Electoral Commission.
The Bill as introduced required that unregistered third parties file statutory declarations before publishing election advertisements.
The Bill originally limited the spending of registered third parties on political advertising to $60,000, but this was later increased to $120,000 by the Select Committee.
The regulation of third parties also extends to their finances. The Act requires that third parties disclose all donations they receive over $5000. Anonymous donations that third parties receive over this level must be given to the State.
Regulated period
The Act extends the "regulated period" for election campaigning from the previous 90-day period to the period starting on January 1 of election year - from three months to around ten, depending on the timing of the election. During this period electoral advertising by candidates, political parties and third parties must follow election rules, and spending limits apply
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