Police decision on RadioLive broadcast.

Police will not lay charges against RadioLive in relation to a programme hosted by Prime Minister the Rt Hon John Key during last year's election campaign.

This follows a referral from the Electoral Commission on 9 February 2012 that RadioLive broadcast an election programme "The PM's Hour" on Friday 30 September 2011 in breach of Section 70 of the Broadcasting Act 1989.

Detective Superintendent Rod Drew, National Manager Criminal Investigations, says the decision follows a review of all the relevant information:

"Police have carefully considered all of the facts, including the findings of the Broadcasting Standards Authority and the Electoral Commission who had contrasting views on whether this was an election programme for the purposes of the act.

"We have determined that there is insufficient evidence to satisfy the requirements for prosecution.

"This decision follows a thorough investigation, legal review and consideration of Crown Law prosecution guidelines.

"We note that prior to the broadcast RadioLive sought guidance from the Electoral Commission and endeavored to comply with the advice given.

"In its referral to Police the Electoral Commission stated that this was an unusual situation not previously encountered and it has now issued guidelines for such broadcasts in the future.

"Inquiries are ongoing in relation to 23 other referrals from the Electoral Commission on election advertising or election programmes and 62 dual voter complaints." said Mr Drew.