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Electoral Commission decision 2008-34, Radio Network, election advertisements, election programmes

Oct 10, 2008 | News

Dated: 18 September 2008

Decision Number: 2008-34

Subject:   Newstalk ZB talkback broadcasts were hosted by Winston Peters and Shane Jones in June 2008. In each of the programmes the hosts told listeners to vote for their respective parties, and there was no evidence that either programme contained a promoter statement at any time.

Findings and Determination: NewsTalk ZB talkback programme hosted by Winston Peters MP is not an election advertisement within the meaning of section 5 of the Electoral Finance Act.  NewsTalk ZB talkback programme hosted by Shane Jones MP is an election advertisement within the meaning of section 5 of the Electoral Finance Act, and did not contain a promoter statement. The offence will be reported to the Police.
Contravention of sections 63(2)(a) and 65(1)(b) of the Electoral Finance Act 2007, by failure to provide a promoter statement, amounting to an offence under sections 63(4) and 65(4) of the Act. The facts will be reported to the Police in accordance with section 70.

NewsTalk ZB talkback programmes hosted by Winston Peters MP and Shane Jones MP are prohibited election programmes within the meaning of the Broadcasting Act. The offences will be reported to the Police. Contravention of section 70(1) of the Broadcasting Act 1989, by broadcasting prohibited election programmes, amounting to offences under section 80 of the Act. The facts will be reported to the Police in accordance with section 80A.

This headnote does not form part of the decision available under Downloads, at right.

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