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A Christchurch man who was told his anti-Labour website breached new election laws says he is amazed that political party websites may not face the same restrictions.
Andrew Moore, 21, was contacted by the Electoral Commission and told his new www.dontvotelabour.org.nz website fell foul of the Electoral Finance Act because it did not include his name and address - details required to accompany election advertisements in an election year. However, the Electoral Commission has not yet scrutinised the websites of political parties - all but one which do not carry the same details.
Electoral Commission spokesman Peter Northcote said the commission had not yet scrutinised the party websites. However, he said they would not necessarily fall within the definition of an election advertisement unless asking for votes. "If you look at the Labour site, it's not shouting 'vote for us'. It's a corporate website."
He said if parties did use sites to campaign, they would require the authorisation, but he was unable to say exactly when the line would be crossed. "It's one of a number of the greyer online areas that we are seeking legal advice on."
Mr Moore was surprised party websites were not automatically considered election advertising. "They're promoting their policy, their logos and their people. That's not a grey area. It's campaigning. If that's the case, and they can do it then why can't I do it?"
Under the law, an election advertisement encourages voters to vote for or against a party or candidate, either by naming the party or by clear reference to a party by its policies. Any such advertisements must include an authorisation including the name of the financial agent and an address.
The Green Party added these details late yesterday afternoon and National said it had asked the Electoral Commission about the issue last year and was waiting for direction.
Electoral law expert Graeme Edgeler said he considered the content he had seen on most parties' websites to be election advertising and parties were "very lucky" if they got away with it.
