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Radio station NewstalkZB has been referred to police for possible prosecution over an alleged breach of the Electoral Finance Act.
The commission acted on a complaint about NewstalkZB talkback broadcasts hosted by New Zealand First leader Winston Peters and Labour Cabinet minister Shane Jones in June.
In each of the programmes the hosts very briefly implied listeners should vote for their respective parties, and the commission said there was no evidence that either programme contained a promoter statement at any time.
The station's owners, the Radio Network, said the Electoral Commission was badly misguided in deciding to refer the breach to police for possible prosecution.
"This decision simply lacks practicality or common sense," Radio Network general manager talk programming Bill Francis said.
"On the basis of this decision, there are clearly serious implications for all media in terms of what people say and is broadcast or recorded in print."
"We are extremely surprised that the Electoral Commission has come to the view that there has been a transgression of the Electoral Finance Act and the Broadcasting Act in the context of the broadcasts concerned," Mr Francis said.
"The programmes were aimed at providing information and entertainment, with which the commission agreed, and the comments being investigated comprised just a few seconds within broadcasts spanning three and a half hours. In each case, the comments were one-liners - just throw-away lines.
"Common sense has not prevailed in this situation unfortunately."
- NZPA