By Kim Choe
RadioLive could face a hefty fine after the Electoral Commission decided a show hosted by John Key last September broke the law.
Despite a complaint from the Labour Party being dismissed by the Broadcasting Standards Authority (BSA), the Commission says the hour-long show amounted to an election programme and so was prohibited.
RadioLive faces a fine of up to $100,000 if it is found guilty of breaching the Broadcasting Act.
Mr Key hosted "The Prime Minister's Hour" on September 30 – less than two months before the general election.
During the hour Mr Key claimed it was not an election stunt, saying the show was "an election-free zone".
“If you want to ring and ask me about whether we have a cat or what my favourite food is feel free, but if you want to know about tax policy come back another day.”
However, that was not enough to keep RadioLive out of trouble.
The Electoral Commission has decided the show was an election programme – something prohibited under the Broadcasting Act.
RadioLive station manager Jana Rangooni was surprised by the decision, “especially in light of the fact the BSA decision last year about the PM's Hour was contradictory to this one”.
The Electoral Commission's findings say although the show wasn't political in nature, it did "provide an opportunity for Mr Key to raise his personal profile unfettered by the questioning or challenge typically present in a news, comment or current affairs programme”.
The commission concluded “listeners would regard the show as appearing to encourage or persuade voters to vote for Mr Key's party and for him".
The Electoral Commission warned RadioLive before the broadcast the show would attract close scrutiny, but the station decided to go ahead.
Labour deputy leader Grant Robertson says Labour always felt the broadcast was a breach of election advertising law.
“We felt it was unfair, that's why we took the complaint – and we're very pleased the Electoral Commission's agreed with us.”
Ms Rangooni said the company would go over the decision in detail today.
“I think as it's being referred to the police we'll co-operate with them and see what they want to do with this.”
The Prime Minister has not yet commented on the issue.
3 News