Victim No 1: A blog is gagged by the Electoral Finance Act
Topic is Consumer, Media, Politics, Society by Brian Mackie | Print it |Try clicking on the link to Don’t Vote Labour at the bottom of this page. Instead of an explanation of why people shouldn’t vote Labour, the content has been replaced by a statement explaining why the author has been gagged. The website, which cost less than $100, advocated that people not vote for Labour due to its support for legislation such as the anti-smacking law and the Electoral Finance Act or EFA.
Andy Moore, the site’s author, says that the Electoral Commission has advised him, in writing, that:
“…your website (dontvotelabour.org.nz) is election advertising and must display an authorisation statement in order to comply with the law. It is an offence not to do so. The relevant legislation is the Electoral Finance Act 2007, sections 5, 63, 143.”
Andy said: “I was also advised that I may wish to seek my own legal advice. I have spoken informally to a lawyer; however I am not able to afford professional legal advice. One shouldn’t have to be wealthy enough to afford lawyer’s fees to be able to say on your own personal website that you don’t support the Government.
“There is no way I am going to put my home address on the website. That puts both my family and our house at risk.
“If I did not pull the website down, I was facing a fine of up to $10,000 and a conviction which would prevent me from travelling overseas. Hence I have reluctantly removed all the content which advocates against the Government and replaced it with a statement explaining why the website was taken down.”
Compare the Commission’s heavy-handed threat to a statement from Helen Clark, issued after she was deluged with emails opposing the Act. We have a complete copy. It contains an interesting series of questions and answers, including:
Question: Will people still be able to debate issues and have their say during an election campaign?
Answer: Yes. The Act will not affect the majority of activities that ordinary New Zealanders take part in leading up to an election. This is because many of these activities do not involve expenditure on the publication of election advertisements.
[In the legislation] The definition of election advertisement also contains exemptions for the news media and non-commercial blogs, as well as for communication by an organisation to its members. This type of commentary and open debate that is at the core of our democracy was never to be the subject of any restrictions under this legislation.
Note: ANY restrictions.
Note also that Miss Clark doesn’t mention the fact that ordinary debate may now involve publication of the author’s name and address, which opens up all manner of nightmare possibilities.
At GoG, we’re expecting a threatening letter from the Thought Police at any moment…
Footnote: Evidence is also now emerging that the Labour Party allegedly owns the address of a website called The Standard (www.thestandard.org.nz), and that this blog also does not comply with the new law. It features lots of luvvy-duvvy leftist opinion, under the clever guise of an amateurish-looking and apparently underfunded presentation run by just one jolly committed person… Take a look, wonder how he did it all on his own - and do try to stay awake.
Update: Someone has posted all the original content of Don’t Vote Labour on a new and offshore-hosted site called www.dontvotelabour.net. Clever thinking, because Helen’s grip does not extend beyond our seabed and foreshore. Check it out by clicking on our link to The new Don’t Vote Labour site.
Tagged as andy_moore, Consumer, election_campaign, electoral_commission, electoral_finance_act, helen_clark, Media, Politics, smacking_law, Society, vote_labour


January 30th, 2008 at 11:59 am
Readers avidly awaiting our comments on Helen Clark’s riposte to John Key’s speech will, alas, be disappointed. It’s not because we’re frightened of the EFA. Unfortunately, our reviewer fell asleep while reading Miss Clark’s speech.