[55(a)] above, the effect of a programme must be assessed from the perspective of the reasonable observer who is sensitive to the importance of free speech and the exceptionally high value of political speech in a democracy. This calls for a robust approach. The programme’s effect may be influenced by the context, and its style and apparent purpose, and any attempt by the broadcaster to achieve balance. [90] Section 70 controls broadcasts by reference to this s 69 definition, which addresses the content of such programmes rather than the identity of their promoters. This might indicate that the Act regulates anyone who might broadcast a programme having the prescribed effect.75 But the long title to the Act states that its purpose, relevantly, is to enable political parties to broadcast election programmes for Parliamentary elections free of charge. The central objective was that of allocating time and money to political parties for election advertising on a fair basis,76 and that is what pt 6 is addressed to. Section 70 supports that regime by prohibiting other advertising. The absence of any reference to promoters, third parties or parallel campaigners may indicate that the legislature did not have anyone other than political parties in mind. [91] The legislative history confirms this point. Part 6 can be traced to the 1986 Royal Commission on the Electoral System. Its terms of reference included whether the then limits on election expenses were appropriate and whether any limits on such expenses should be extended to political parties and the amount of individual or total donations received, whether those expenses should be defrayed solely or partly by state grants, and what conditions should apply to such grants.77 [92] Chapter 8, part 2 of the Commission’s Report addressed broadcasting, discussing “the allocation of paid and free television and radio time to political parties”.78 The Royal Commission identified television as the primary means of communication between “political competitors and their electorate”, and adopted the 75 76 77 78 Professor Geddis takes that view: see Andrew Geddis Electoral Law in New Zealand: Practice and Policy (2nd ed, LexisNexis, Wellington, 2014) at [10.2.3]. Professor Cheer takes the opposing view: Ursula Cheer Burrows and Cheer: Media Law in New Zealand (7th ed, LexisNexis, Wellington, 2015) at [10.4.1]. See s 74 for the appropriation of funding, s 74A for the power to allocate among parties to fund the costs of broadcasting election programmes, and s 75 for the allocation criteria. The Royal Commission on the Electoral System, above n 50, at xiv. At [8.74].