An Electoral Commission ruling due out today has found the Radio Live show hosted by John Key last September was an election programme and therefore a prohibited broadcast.
Newstalk ZB's obtained a copy of the commission's decision over a Labour Party complaint about a show the Prime Minister conducted on Radio Live during last year's election campaign period.
The commission's found the broadcast was an election programme and a breach of the Broadcasting Act.
Newstalk ZB understands both Labour and National have been given advance copies of the decision, but are bound by a confidentiality agreement not to talk about it ahead of an official release at five this evening.
Mr Key hosted the hour-long show on September 30. He declared it an "election-free zone" before he interviewed guests including Sir Peter Jackson, Richie McCaw and Sir Richard Branson.
Radio Live said at the time the show went to air it had sought advice from the Electoral Commission about the programme.
The commission had warned RadioLive that it had to act with extreme care because of the closeness of the election and because strict pre-election broadcasting rules had come into effect.
A complaint by the Labour Party to the Broadcasting Standards Authority was not upheld.
It found the show did not fit the definition of an election programme, and even if it had, would not have breached broadcasting standards.
A legal expert says there's nothing inconsistent about a radio show involving the Prime Minister being cleared by the Broadcasting Standards Authority, but being found in breach of broadcasting law by the Electoral Commission.
Electoral law expert Graeme Edgeler says this ruling by the Electoral Commission doesn't undermine the BSA's credibility as it isn't a broadcasting standards matter.
Today's decision by the Electoral Commission will now see the police decide whether to prosecute the broadcaster which could be fined up to $100,000.
- Newstalk ZB
