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Home / Business

Sasha Borissenko: The wild West of political ad attacks - but what are the rules?

By Sasha Borissenko
NZ Herald·
17 Sep, 2023 01:00 AM4 mins to read

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Prime Minister Chris Hipkins with printouts of attack ads during his standup at Parliament, Wellington. Photo / Mark Mitchell

Prime Minister Chris Hipkins with printouts of attack ads during his standup at Parliament, Wellington. Photo / Mark Mitchell

Opinion by Sasha Borissenko

OPINION

It’s been a game of political ‘tit for tat’ among parliamentarians hoping to secure the last word over what constitutes ethical campaigning.

It officially bubbled to the service with the weaponisation of a New Zealand Council of Trade Unions (CTU) campaign in early September, which distastefully said Luxon was “Out of Touch. Too Much Risk”.

The National Party’s Chris Bishop came out swinging in a statement in early September, saying “the Labour-aligned Council of Trade Unions has launched nasty American-style attack ads on National to help their mate Chris Hipkins and his increasingly desperate Labour Party.

“‘Be kind’ has truly become ‘be nasty’ under Chris Hipkins and his union elite buddies.”

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The Labour Party’s Chris Hipkins responded, saying: ”I think it is incredibly thin-skinned. But let’s be clear about what this is. They are desperately trying to distract attention away from the fact that they have been caught out with the numbers and their policies just not stacking up.”

He proceeded to show parliamentary reporters various pictures he deemed as attack ads through the ages.

While it might be the wild, wild West among parliamentarians as they leave their parliamentary privilege in the House of Representatives, what are the rules regulating campaigning material during these wild times?

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Who’s in charge?

The Advertising Standards Authority (ASA) politely describes political campaigning in this year’s ASA Election Guide:

“It is usually characterised by parties having differing views that are expressed in robust terms.”

The Broadcasting Standards Authority deals with television and radio content of party and candidate advertising, while the ASA deals with paid political ads from politicians and third parties in other media.

The New Zealand Media Council deals with all editorial content in print and online.

A poster ad from the Council of Trade Unions attacking National leader Christopher Luxon. Photo / Adam Pearse
A poster ad from the Council of Trade Unions attacking National leader Christopher Luxon. Photo / Adam Pearse

There’s also the Electoral Commission, which deals with advertising identity, promotor statement issues, and funding. Election advertisements require promoter statements to provide transparency as to who’s behind it, for example.

Signs can be up to three metres in size under the Electoral (Advertisements of a Specified Kind) Regulations 2005. Any larger, and potential promoters are bound to different rules depending on location and council.

Party minions wanting to campaign on behalf of a party need prior written consent and must detail the cost of the size, which is included toward party expense limits.

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For those wanting a bit of coin to counter the cost-of-living crisis - alas, paying people to display advertisements on their property is prohibited unless it’s part of their business.

For the rogues among us

Suppose you’re a citizen wanting to go rogue - it’s best to tread carefully.

Under the Summary Offences Act it’s illegal to ‘damage or deface’ any building or other structure by writing, drawing, painting, or marking it. Offences carry a fine of up to $2000.

Under the Summary Offences Act it’s illegal to put up posters, banners, or placards on someone else’s property without permission. Billsticking carries a $200 fine.

Willful damage could be dealt with under the Summary Offences or Crimes Act, and if bad enough, you could be imprisoned for up to 10 years.

This could be the case for the smarty-pants who decided to take a knife to a National Party billboard in Wellington’s Mount Victoria. The slogan “Get our country back on track” was altered to read “Get our c**t on rack”. National was altered to read “an*l”.

In contrast, in June 2020, protestors placed blindfolds over the eyes of colonial statues. Police and the Wellington City Council said it was okay, particularly as there was no permanent damage to the statue, there weren’t health and safety issues, and the Human Rights Act protects the right to freedom of expression.

Kenough’s enough

One form of vandalism boarded the Barbie gravy-train in Tauranga last week. Sporting abs-for-days and the slogan ‘Party Vote Ken for Real Act’, one thing’s for sure, David Seymour is no Ryan Gosling’.

On Facebook, the MP said: “I love it. It’s more than Kenough. It’s one piece of vandalism we’re definitely leaving up for the campaign.”

The Ken campaign billboard seen in Tauranga last week.
The Ken campaign billboard seen in Tauranga last week.

Provided the sign meets Tauranga City Council and Waka Kotahi NZ Transport Agency rules around when, where, and how the sign is erected, Seymour’s ‘love’ of the artist’s ‘Kenthusiasm’ for the Act Party could amount to retrospective approval. But an amendment would have to be made showing a promoter statement, and the Act Party would need to be happy indirectly footing the bill.

Nevertheless, as grubbiness continues to unfold among our reputable politicians in a bid to win the hearts of minds of New Zealanders, the rest of us plebeians could benefit from not following suit.

If you feel inclined to act out - in the wise words of Dorinda Medley of Real Housewives of New York fame, ‘say it, forget it; write it, regret it”

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