PLANET KEY Assist with legal challenge – support freedom of expression in New Zealand! By Jeremy Jones

About PLANET KEY Assist with legal challenge – support freedom of expression in New Zealand!

Project 2014-08-29 19:57:14 +1200

Darren Watson and Jeremy Jones created the satirical song and video, respectively, for the song Planet Key. The song and video represent their creators' personal views about the cult of personality politics in New Zealand, and feelings about the current Prime Minister and governing political party. Both the song and video were entirely self-funded. Darren and Jeremy agreed to share any earnings from the song's sale on iTunes 50/50 to recoup something towards their time and costs. The song and video were released on 4 August 2014.

On 14 August 2014 the New Zealand Electoral Commission advised it considered the song and video were an "electoral programme" under the Broadcasting Act, and that playing the song on the radio or the video on TV would be unlawful except as part of a related news story. The Electoral Commission also stated that it considered the works were "electoral advertisements" requiring a "promoter statement" to be added, and that failure to do so could lead to prosecution by the NZ Police and a fine of up to $10,000.

Darren and Jeremy object to the suggestion that the video is an “election advertisement” and that they must attach a “promoter statement” to it in order to comply with the Electoral Act.  They feel aggrieved about the Commission's advice to broadcasters that their song and video should not be played at all to comply with the law as the Commission sees it. They consider their work to be satire in its purest form, and that the Electoral Commission's position threatens the rights of all New Zealanders to freely express their political views.  The rights to freedom of expression and to criticise the government are fundamental rights in a democratic society.

Through their lawyer, Darren and Jeremy asked the Electoral Commission to reconsider its stance, but the Commission has confirmed its original position. As a result Darren Watson and Jeremy Jones are challenging the Electoral Commission's position through the courts. The Hearing has been set for 11 September 2014 in the High Court at Wellington.

Darren and Jeremy's legal team are acting for them pro bono, in recognition of the important principles at stake in this case, so donations will not be used for lawyers'  fees.   However, litigation is an expensive business and there are other costs including filing costs, travel, accommodation and other out of pocket expenses which Darren and Jeremy are unable to finance on their own. Please help support this important cause and contribute to the fund!

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