Satirists are safe from breaching Electoral Commission rules if their work is only for humour and not as an election advertisement, a court has been told.
In the High Court at Wellington yesterday, songwriter Darren Watson and video designer Jeremy Jones challenged the Electoral Commission's advisory opinion that their songand video Planet Key is an election advertisement.
The music video satirises the Prime Minister and members of the National Government. It features Mr Key playing a guitar solo on an endangered Maui's dolphin while an oil rig explodes in the background.
It also depicts Finance Minister Bill English carrying Mr Key's golf clubs and the Prime Minister playing golf with United States President Barack Obama.
Watson and Jones put the song on iTunes and a video website in an attempt to recoup their costs.
The Electoral Commission's lawyer, Austin Powell, told Justice Denis Clifford satirists were safe if the effects of their satire was just to lampoon.
Watson and Jones have denied the song and video are advertisements.
Their lawyer, Wendy Aldred, said it was a humorous piece and the video featured Monty Python-style illustrations. No reasonable person could anticipate having their views changed after hearing the song, she said. The word "advertisement" was not intended to mean a satirical song written by a professional songwriter. Rather, it was an announcement to the public, she said.
