Both Part 6 of the Broadcasting Act 1989 and electoral laws govern how and when radio and television can be used in election campaigns. MPs need to carefully consider whether any broadcasting that they are involved in falls under the definition of ‘election programme’ for the purposes of the Broadcasting Act.
The definition of an election programme covers any programme that:
- appears to encourage or persuade voters to vote or not vote for a party or candidate, or
- advocates support for or opposes a candidate or party, or
- notifies meetings held or to be held in connection with an election.
The broadcast election advertising rules do not apply to a broadcaster’s news, comments or current affairs programmes.
An election programme can only be broadcast during the ‘election period’ which is the period from writ day to the day before the election (20 August to 19 September 2014).
It is prohibited to broadcast an election programme at any other time.
During the election period, a party can only use money allocated by the Electoral Commission to broadcast election programmes, together with any free time allocated for party opening and closing addresses.
During the election period, a candidate can only promote his or her own election. A candidate broadcast cannot feature more than one candidate. Although the party name and policies can be mentioned, an electorate candidate cannot encourage the party vote, promote the party’s list or attack other parties or candidates.
An MP can notify contact information, but if there is any additional content, you need to be mindful of these rules. If you have any concerns about any MP broadcast advertising, the Commission is happy to review your proposed script.
The Commission recommends a high degree of caution with MPs who are party leaders or candidates hosting live radio shows in the lead-up to an election, in formats that go beyond news, comments or current affairs. Broadcasting such live shows, particularly unscripted shows, can easily result in the broadcast being an ‘election programme’.