[94] As noted, the point that for the purposes of pt 6 election programmes means programmes broadcast for parties or candidates was not taken before Clifford J. We raised it with counsel. On reflection, Mr Butler took the point. Ms Aldred submitted that while such interpretation is attractive from a policy perspective, the text and context suggest that the legislation applies more broadly. Mr Powell submitted that it would seem surprising if the broadcast of election programmes by third parties was left “unregulated”, but conceded that this interpretation would be a more justifiable limitation on rights. [95] We have concluded that the prohibition in s 70 is indeed confined to programmes broadcast for political parties or candidates, being those entitled to benefit from an allocation of broadcasting time under pt 6.84 [96] As just explained, this interpretation accurately reflects the purpose of the legislation. It is also available on the statutory language, and preferable to the alternative, especially given the otherwise substantial impact on freedom of expression. Section 70 excepts from its scope s 70(2) and (2A), indicating that those exceptions — including opening and closing addresses, for example — would otherwise likely fall within the definition of election programme. By contrast, it declares in s 70(3) that nothing in s 70(1) restricts the broadcasting of news, comments and current affairs programmes. [97] We acknowledge Ms Aldred’s point that the exceptions at s 71(2)(d) and (e), relating to Electoral Commission advertisements and non-partisan community service broadcasts together indicate that pt 6 was intended to apply more broadly than to political parties only. But this is not a strong point. These exceptions are explicable by a desire to clarify the Act’s application to those participating in the electoral process as a public duty or service. [98] We say more about comments in s 70(3) at [103]–[105] below. We note here that by excluding comments the Act recognises what Clifford J characterised as an underlying distinction between participation in and commentary upon the electoral 84 Candidates are not allocated funds directly but they benefit from allocation to their parties and they are permitted to broadcast candidate advertisements, so long as they do not contribute to the campaign of his or her party: s 70(2)(c).