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

By Jeremy Jones

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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!

Comments

Updates 1

Over halfway there!

04/09/2014 at 4:51 PM

A big thankyou to all who have contributed to this campaign. I want to extend a huge thankyou to our legal team who are representing us pro bono. We couldn't have hoped for a judicial review without their or all of your support. To the power of the people!

    Pledgers 65

    Tony Hunter
    01/09/2014 at 10:31pm
    Alan Steedman
    01/09/2014 at 10:26pm
    Andrew Bennett
    01/09/2014 at 10:17pm
    Dean Murray
    01/09/2014 at 10:13pm
    Ben Sinclair
    01/09/2014 at 10:10pm

    Followers 18

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

    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!

    Comments

    Over halfway there!

    04/09/2014 at 4:51 PM

    A big thankyou to all who have contributed to this campaign. I want to extend a huge thankyou to our legal team who are representing us pro bono. We couldn't have hoped for a judicial review without their or all of your support. To the power of the people!

      Tony Hunter
      01/09/2014 at 10:31pm
      Alan Steedman
      01/09/2014 at 10:26pm
      Andrew Bennett
      01/09/2014 at 10:17pm
      Dean Murray
      01/09/2014 at 10:13pm
      Ben Sinclair
      01/09/2014 at 10:10pm

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

      This campaign was successful and got its funding on 16/09/2014 at 9:29 PM.