Planet Key Part 964 ...

I just wanted to post an update on the long running ‘Planet Key’ saga. Regular readers of the blog through 2014 and 2015 will be aware of how it all unfolded, but finally we have what should ultimately amount to satisfactory closure on the matter, with this week’s release of the Court of Appeal decision.

I include below last Thursday’s press release from songwriter Darren Watson and video designer Jeremy Jones in the wake of the Court of Appeal judgment (made in their favour), but firstly, here’s a quick refresher on roughly what happened … it went something like this:

The Electoral Commission banned Watson’s ‘Planet Key’ single in the lead-up to, and following on from, the 2014 General Election, effectively labelling it political advertising. Rather than the straightforward no-holds-barred slice of political comment it quite clearly was. Watson and Jones then took the matter to the High Court, with Justice Clifford eventually ruling in their favour, and more crucially, in favour of the principle of freedom of artistic expression. The Electoral Commission – in its infinite flawed wisdom – then decided to appeal the High Court ruling, which took it into the realm of (the surreal) the Court of Appeal, and this week’s final judgment, some two years after the controversy began.

Here’s the press release in full:

COURT OF APPEAL UPHOLDS PLANET KEY RULING

The Court of Appeal has found that the release of the satirical "Planet Key" song and music video made by musician Darren Watson and video designer Jeremy Jones before the 2014 general election did not breach the Electoral Act or the Broadcasting Act, contrary to the view of the Electoral Commission. The Commission had advised Watson and Jones to remove their works from the internet and had told broadcasters that they could not play "Planet Key" on air. Non-compliance could result in a referral of the matter to Police.

Watson and Jones are happy with the result, which they hope will bring an end to their lengthy struggle with the Commission, saying that they welcome the Court's view that "the Commission's interpretation of the legislation limits the right to free expression more than is necessary to achieve the legislative purpose and more than can be justified in a free and democratic society."

There is also a sense of frustration at this point, as while the judgment vindicates the men's actions in 2014, it cannot reverse the fact that the Commission's actions prevented their works from being broadcast at the time they were most relevant. Ultimately though, they are hopeful that the decision might mean that other artists seeking to express their political views will receive more liberal treatment that they did, or even that the outcome might compel much-needed reform of the electoral law.

Planet Key Part 462

Just when you thought it was safe to get back into the water … there’s this, the Electoral Commission deciding to waste more time and more money appealing last month’s High Court ruling on Planet Key (see here).

 

MEDIA RELEASE Monday 4 May, 2015

'PLANET KEY' ARTISTS PROTEST APPEAL

Wellington musician Darren Watson has re-released his controversial 'Planet Key' single on iTunes and at amplifier.co.nz. The songwriter made this decision after hearing that the Electoral Commission intends to appeal the recent landmark High Court ruling in favour of Watson and video maker Jeremy Jones.

The Commission has said the “appeal is limited to questions of law” and it was “not seeking to challenge the findings in the [Planet Key] decision as they applied to the particular facts in that case.” However, Watson and Jones say that if any part of the ruling is overturned the effect on their work, and potentially for all other artists in New Zealand, will be to essentially silence political comment.

All royalties from Planet Key sales from May 4th will go to the Red Cross' Nepal earthquake appeal fund.

“The more folks buy it the more we can hopefully send a message that freedom of expression always prevails when it comes to an individual's comments, songs, writing, and actually all kinds of art” says Watson, “it's ridiculous that we STILL have to fight for this!”

The single is available here.

The Electoral Commission says there is an inconsistency between the ruling of Justice Mander in the Electoral Commission vs Greenpeace last year and Justice Clifford's decision in the Planet Key case.

Jeremy Jones says the cases are completely different. “I reckon it's common sense that the Greenpeace ruling re: 'advertisements' can still apply to political groups and the like … we're just a person who made a song, and a person who made a music video. We're not a political 'third party'.”

Jones has made the music video available to watch again from his Vimeo page, http://vimeo.com/102441715 but he hopes people will also buy the single to support both earthquake recovery and the principle of artistic freedom in New Zealand.

All paid downloads count toward the song's chart position. When Watson pulled Planet Key from sale in August to avoid potential prosecution it had reached #5 in the Official NZ Top 20 in a little over two weeks with almost no commercial airplay.

Release Ends

And so it turns out that there’s always some things in life destined to end badly (love being one certainty, and arguing with blinkered bureaucrats often being another). When one side becomes so entrenched in its position you just know it’s going to drag on until they’ve squeezed the life out of it. When one side refuses to let go and becomes blind to the overwhelming weight of facts in the matter. Even when every man and every last rabid canine in the world can see the bloody obvious …

Well done Watson and Jones. Not only can they see the big picture and what’s really at stake here in terms of artistic freedom, they’re happily donating sales proceeds to the Red Cross Nepal appeal at a time when further publicity will surely only enhance sales of a single they’ve already made a not insignificant loss on. Full respect.

The Triumphant Return of Planet Key

It’s only taken eight months but finally we have a ruling on Planet Key. I’ve written a little bit on the background to that here and here. Out yesterday, the judgment strikes a firm blow for all who believe in freedom of artistic expression ... this from the press release:

The High Court has today delivered its judgment on the challenge brought by the makers of the satirical song and video “Planet Key” against the Electoral Commission’s opinion that the song and video were "election advertisements" under the Electoral Act and "election programmes" under the Broadcasting Act.

In a 76-page judgment, Justice Denis Clifford ruled comprehensively in favour of Watson and Jones. Significantly, he held that the Electoral Commission’s interpretation of the legislation “would impose limits on the right of freedom of expression of the plaintiffs and New Zealand citizens more generally in a manner which… cannot be demonstrably justified in a free and democratic society.”

Darren Watson and Jeremy Jones say they are delighted with the ruling, saying that it vindicates completely their sense of grievance about Commission’s advice that Planet Key could not be lawfully broadcast, sold through i-Tunes, or posted on the internet.

Watson and Jones’ lawyers say that the case upholds freedom of speech and protects the rights of artists to express their personal political views.

This is great stuff, and well done to Watson and Jones for what can only be described as an overwhelming vindication of their position … and well done to all of the legal beagles involved in getting the right outcome.

So, go and grab a celebratory name-your-price download of ‘Planet Key’ from Darren Watson’s Bandcamp page here.

Calling Planet Earth ... Anyone? Bueller? Anyone?

I’m not sure what piece of critical information I’m missing regards this ongoing Darren Watson/Planet Key farce, but I really don’t get it. Since when has artistic freedom and the basic human right to express an opinion been so heavily monitored and policed?

As I understand it, not only is mainstream media (TV, radio) broadcast of the song banned, but a request has been made for it to be removed from Vimeo and YouTube altogether. Next step, all sales will be banned (see press release below).

And apparently the “prohibition on broadcasting the song applies as a permanent ban, and not just at election time” … um, what? … the Electoral Commission now has an extended scope and gets to determine what is censored beyond the period leading up to a general election?! Really?

Let’s be clear, there is nothing obscene or offensive in either the lyrics of the song or the video clip, just two men (Watson and video producer Jeremy Jones) expressing a valid opinion on political matters. It is surely as simple as that?

Powertool Records Election EP

Having downloaded the video myself, and having published it on everythingsgonegreen a week ago (in an attempt to offer support to Watson’s position and to raise awareness of Electoral Commission folly), am I now to expect some contact from the Electoral Commission myself for having the audacity to publish a clip so mildly critical of our smarmy Prime Minister?

Is this where things are headed under the current government? And isn’t this what election campaigns are all about – people expressing opinions in the public domain?

Certainly local indie Powertool Records seem to think it’s okay to release an album of politically-motivated songs – by a variety of artists – in the lead up to the election (click here for Bandcamp link).

So what is the difference?

Look, I appreciate I’m only a layman when it comes to these matters, but I really can’t see what the problem is – specifically with regard to ‘Planet Key’ …

… if you can offer any informed insight as to what it is I’m failing to grasp, then I’d appreciate you letting me know in the comments section. Comments along the lines of “that big bad blues musician said naughty things about our humble leader” will not be taken seriously.

Meanwhile, here’s the full press release from a few days ago:

Electoral Commission Censors Musician and Undermines Freedom of Speech

The Electoral Commission has told Darren Watson, a musician, to stop selling or promoting his satirical song "Planet Key" or he may face prosecution.

The song and music video satirises John Key and members of the National Government in a humorous way. The music video has had more than 80,000 hits on video websites, including Vimeo and YouTube http://vimeo.com/102441715

"This is simply a satirical song. I wrote it at home and it's the musical expression of my own personal views", says Mr Watson. Jeremy Jones of Propeller Motion, the maker of the video, says he was motivated to make the amusing Monty Python-style animated clip after hearing the song and seeing an opportunity to work on a creative project with Mr Watson. Neither of the men received any payment for producing the work, but have sold the song through i-Tunes to recoup some of their costs.

However, the Electoral Commission has not seen the funny side and Mr Watson has received a letter saying that the Commission considers the song and associated video are "election advertisements" under the Electoral Act and "election programmes" under the Broadcasting Act.

The Electoral Commission is also threatening that the sale of the song through i-Tunes without a promoter statement is "an apparent breach of section 204F of the Electoral Act", which is an illegal practice punishable by a fine of up to $10,000.

"I object to the suggestion that I am some sort of political promoter. I am a musician and I feel very strongly about this kind of censorship", says Mr Watson. "I believe in artistic freedom."

The Commission has told TV and radio stations they should not broadcast the song outside of news programmes. The prohibition on broadcasting the song applies as a permanent ban, and not just at election time.

 Lawyer for Mr Watson and Mr Jones, Wendy Aldred, says she has asked the Electoral Commission to reconsider its opinion, saying the Commission's letter is incorrect in its approach to the law, fails to take into account Mr Watson's right to freedom of expression under the New Zealand Bill of Rights Act, and is heavy-handed.

If the Electoral Commission does not revise its opinion the matter is likely to go to Court.

Planet Key

It seems ridiculous that the Electoral Commission has banned broadcast of Darren Watson’s blues/satire crossover track ‘Planet Key’. Rock music, and blues-derived music especially, has long been a vehicle for making political statements, but apparently that’s not allowed during a period leading up to a general election.

But let’s be honest, so far as criticism of Prime Minister John Key is concerned, Watson’s track is a fairly mild mannered affair, and is this really an appropriate level of censorship for a democratic country in 2014?

Personally, I think it stinks (on one level) and it does seem very odd that newly released biographies of Key, and that of political nemesis Winston Peters, can boldly sit (and be heavily promoted) on the shelves of bookshops throughout the land. Surely these books amount to little more than extended promotional blurbs? What is the real difference between extended statements of that ilk, and a short burst of humour from an otherwise fairly low profile local (Wellington-based) blues musician?

On the other hand, such madness often leads to curiosity among the masses, and Watson must be quietly chuffed that his track has caused such a stir. News coverage on national television and plenty of ongoing radio publicity (if not actual radio play) has seen ‘Planet Key’ racing up the iTunes chart, and there’s real irony in the Electoral Commission inadvertently giving the track a much higher profile than it might otherwise have received.

Thinking back to the 2011 general election, I can recall tracks from the likes of The Eversons and Home Brew making a small (actually minimal) impact on the campaign trail, and of course there was my own personal favourite from fellow Wellingtonians Gold Medal Famous, who released multiple versions of ‘John Key Is A Dick’ to very little fanfare or fuss.

In fact, 2014 has seen a Gold Medal Famous sequel to that release called ‘John Key Is STILL A Dick’ … pick up a free and uncensored version of that track at the GMF bandcamp page here.

Meanwhile, here’s the vastly underrated Darren Watson with ‘Planet Key’ …