The last post looked at the sort of campaigns that would be covered by $5000 or $60,000 spending limits in election years:
Keep Section 59, Repeal Section 59, Campaign for Civil Unions, GE Free NZ, US out of Iraq (and most groups campaigning on most of these issues would be limited to $5000).
But it’s also important to look at what would be covered in their campaigns. As I noted earlier election advertising can be in:
“any form of words or graphics, or both”.
Now that’s broad enough to cover just about anything – posters, flyers, TV, newspapers, press releases, e-mails, even speech (‘though actual speech usually won’t cost money).
So to avoid absurdity, that breadth is narrowed by some exceptions. None of the following publications, even though they might be forms of words or graphics, counts as an election advertisement:
a) advertisements from the Chief Electoral Officer, Chief Registrar of Electors or the Electoral Commission (as discussed here)
b) advertisements about Citizens Initiated Referenda
c) content of a newspaper or periodical, selected by, or with the authority of, the editor solely for the purpose of informing or entertaining its readership
d) content on TV or radio solely for the purpose of informing or entertaining its audience
e) a book sold for no less than its commercial value, if the book was planned to be made available to the public regardless of any election
f) a document published directly by a body corporate or unincorporated to its members
g) the publication by an individual, on a non-commercial basis, on the Internet of his or her personal political views (being the kind of publication commonly known as a blog)
Now you may have noticed the use of the word “publications” – importantly, this word applies only to the exceptions to the definition of “election advertisement”, and not to the definition itself. Something can be an election advertisement, even if it not a publication, but something can only fall within the exceptions to that definition if it is a publication. This narrows the exceptions considerably.
However, whilst just about anything qualifies as an election advertisement, the advertising regime in the bill only applies if the advertisement is published, and it only counts toward any spending limits on publication. So what is publication? The bill includes the following definition:
publication, in relation to an advertisement, means to-
(a) insert in a newspaper or other periodical published or distributed in New Zealand; or
(b) issue, hand out, or display; or
(c) send to any member of the public by any means; or
(d) deliver to any member of the public, or leave at a place owned or occupied by a member of the public; or
(e) broadcast;
(f) include in a film or video; or
(g) disseminate by means of the Internet or any other electronic medium; or
(h) store electronically in a way that is accessible to the public
While (d) could arguably include the delivery of speeches of, it probably wouldn’t be read that widely (put video or text of a speech on-line however, and it’s covered).
So, whilst the definition of publication isn’t ludicrously broad, it’s still pretty expansive. For third parties, publication of election advertisements would almost certainly include:
- handing out leaflets along the course of a protest march
- sending out a press release
- operating a website
- displaying placards at a demonstration
- posting clips on YouTube
- Putting up posters
- Writing slogans in chalk on the pavement
And money incurred in doing these things – or preparing them – counts toward your limit.
Buying chalk/ painting banners for a protest march – all regulated. And you’re still yet to see how much.
That’s next.
Graeme Edgeler
Coalition for Open Government
