Chumbawamba's Displeasure: Request to Halt 'Tubthumping' at New Zealand Rallies

When New Zealand’s Deputy Prime Minister Winston Peters spoke at a political convention in Palmerston North in March, he walked out to the sound of British punk band Chumbawamba’s famous song “Tubthumping (I Get Knocked Down)” playing loudly.

This wasn’t the first time Peters had used or mentioned the ‘90s hit, but now the band has publicly expressed their disapproval.

During his State of the Nation speech, Peters, the leader of the nationalist New Zealand First party, criticized the former Labour government’s policy of co-governance with the Māori people. He expressed concerns about an unspecified “race-based theory” that he compared to a philosophy from Nazi Germany. Peters also called for reforms in education, specifically advocating for the removal of “gender, sexuality and relationship-based education guidelines” from schools.

The controversial remarks faced criticism from other members of New Zealand’s coalition government, which is primarily made up of the mainstream National and ACT parties. However, the attention quickly shifted when Chumbawamba publicly denounced Peters for using their song.

"Chumbawamba's founding member and former vocalist, Dunstan Bruce, explained to CNN that Peters' beliefs clash with everything the band stands for. He expressed disappointment that Peters chose to use their song, which was originally meant to be an anthem for the underdog, the dispossessed, and the working class."

Deputy Prime Minister and New Zealand First leader Winston Peters pictured during the state opening of the country's parliament in December.

Deputy Prime Minister and New Zealand First leader Winston Peters pictured during the state opening of the country's parliament in December.

Hagen Hopkins/Getty Images

Chumbawamba, a self-described "anarchist collective," rose to prominence during the punk music era of the 1980s. They became known for their activism by supporting and funding progressive causes, especially after achieving global commercial success with their hit song "Tubthumping" in 1997. One notable act of activism was when they sold their song "Pass It Along" to General Motors for $70,000, only to donate the money to activists who were fighting against the company's environmental practices.

After disbanding in 2012, Chumbawamba has recently requested their former record company, Sony Music Publishing, to send a cease-and-desist letter to New Zealand First. Despite CNN's inquiry, the label has not provided any comment regarding potential legal action.

Rights management organization APRA AMCOS NZ, responsible for licensing public music performances in New Zealand, stated to CNN that the owners of the convention hall had acquired a license to play music at the venue. However, there were specific conditions attached to the license. For instance, it did not permit the use of music that could imply an endorsement by an artist, songwriter, publisher, or record label.

Karen Knorr / Olivier Richon

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A spokesperson for APRA AMCOS mentioned, "Those familiar with the band and their beliefs would understand that using their music in this way would not be permitted." The owners of the convention hall did not provide a comment when contacted by CNN.

"It's really challenging to control this situation," Bruce said as he reflected on ways to stop Peters from misusing their music. "The legal aspects are unclear and enforcement takes time. But if someone like Peters wants to misuse our music, we need to be ready to take action."

When it comes to legal considerations, it's important to understand the complexities involved.

If the matter ever goes to court, Chumbawamba might have to show how Peters or New Zealand First benefited from the alleged infringement. This was mentioned by Peter Dungate Thrush, a partner at the legal firm McCabes and Company in New Zealand, specializing in intellectual property rights.

Thrush pointed out that it could be challenging for Chumbawamba to prove significant financial harm from the infringement. He believed that any money recovered from a legal battle would likely be minimal. However, he also noted that the band might not just gain financially but also send a message about taking copyright seriously and discouraging others from using their song.

Bruce doesn't want his name to be associated with people like Peters.

In a 2017 high court decision, the US rapper Eminem was awarded 600,000 New Zealand dollars (around $415,000 at the time) for copyright infringements by New Zealand's National Party. They had used a track titled "Eminem Esque" in a political ad campaign, which the court found to have substantially copied Eminem's Academy Award-winning 2002 hit "Lose Yourself." This incident was not the first time a political party in New Zealand had made headlines over its music choices.

Eminem recently sent a cease-and-desist letter to former US Republican presidential candidate Vivek Ramaswamy for using "Lose Yourself" on the campaign trail. Meanwhile, former US president Donald Trump has faced complaints from famous musicians like The Rolling Stones, Rihanna, Pharrell Williams, and Bruce Springsteen for using their songs without permission.

Chumbawamba has also experienced politicians using their music without consent. In 2011, the right-wing UK Independence Party (UKIP) angered the band when then-leader Nigel Farage walked out to "Tubthumping" at a conference.

Dunstan Bruce speaks onstage at the premiere of "I Get Knocked Down," a documentary he co-directed, during the 2022 South by Southwest conference.

Dunstan Bruce speaks onstage at the premiere of "I Get Knocked Down," a documentary he co-directed, during the 2022 South by Southwest conference.

UKIP seemed to respect the band's wish to no longer use their song. Despite this, Peters has strongly reiterated his stance on the matter, using X (formerly known as Twitter) to state: "There is no need to stop or refrain."

Peters said the song was a hit at the convention, describing it as very effective. When asked for a comment by CNN, New Zealand First Party President Julian Paul mentioned that the party had no additional information to share.

A message of strength and perseverance was conveyed.

The influence of music on our perceptions of political campaigns or speeches is a topic of discussion. Emmanuel Heisbourg, a former researcher at the University of Montreal, has studied how music in political ads can affect how people view politicians. He mentioned that changing or removing a song may have a small impact on how competent or compassionate candidates appear, but this area is still not well-researched according to Heisbourg.

In addition to the energetic composition that can stir up excitement in a crowd, the lyrics of "tubthumping" have resonated with those promoting messages of resilience. The song's famous refrain, "I get knocked down, but I get back up again. You're never gonna keep me down," has been referenced by Peters and others.

My Chemical Romance perform to a screaming crowd at North Star Bar in Philadelphia, circa 2003.

My Chemical Romance perform to a screaming crowd at North Star Bar in Philadelphia, circa 2003.

Brian Woodward/Courtesy Chronicle Books

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Last summer, months before his State of the Nation speech, Peters mentioned Chumbawamba's lyrics to inspire optimism about his government's performance. He received cheers and applause from supporters and MPs. At a party convention in July, he directly referenced the band, stating, "As we rise, the dirt will start all over again." According to a transcript published by New Zealand First, he added, "In fact, as you know it’s already started. That’s a barometer. That’s a real poll, that’s a sign that our opponents are really worried. Expect it and ignore it. Just repeat to yourself the words of Chumbawamba: ‘I get knocked down but I get up again. You’re never gonna keep me down’."

Bruce explained that for Chumbawamba, their hit song's mass appeal and powerful message can be seen as both a blessing and a curse. He mentioned that they were surprised by how much the message resonated globally and how it could be relevant in almost any situation. The band aims for the song to always have a positive impact and to reflect their beliefs and values. This is why they feel the need to speak out and take action when things don't go as they should.

Editor's P/S:

The use of Chumbawamba's "Tubthumping" by New Zealand Deputy Prime Minister Winston Peters has sparked a controversy, with the band denouncing Peters' political views as antithetical to their own. The song, originally intended as an anthem for the marginalized and dispossessed, has become a symbol of resilience for Peters, who has used it to rally support for his nationalist agenda.

Peters' appropriation of the song highlights the complex relationship between music and politics. Music can be a powerful tool for political messaging, but it can also be co-opted by politicians who do not share the values of the artists who created it. In this case, Chumbawamba's message of resilience and perseverance has been distorted to serve a political agenda that the band finds abhorrent. The controversy underscores the importance of artists being vigilant in protecting their work and ensuring that it is not used to promote views that they do not endorse.