Dated: 23 October 2008

Decision Number: 2008-40

Subject:   A member of the public queried whether three videos relating to the Labour Party on the nzgovt channel of YouTube are election advertisements. It was reported that neither the YouTube website nor the videos contain promoter statements.

Findings and Determination:  The Office of the Prime Minister published a Labour Party video on YouTube without a promoter statement. No determination made as to whether the video is an election advertisement but, if it is an election advertisement, any potential contravention was not wilful and therefore no offence committed.  No offence committed under sections 63(4) or 65(4) of the Electoral Finance Act 2007 in respect of a Labour Party video published on YouTube because the Office of the Prime Minister did not wilfully publish, or cause or permit to be published, an election advertisement in contravention of sections 63 or 65.  The Electoral Commission declined to consider two further videos which are no longer viewable.

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