likely to require payment,89 but it cannot be assumed that they will always do so and the legislation itself does not adopt that assumption. Section 70(1) regulates broadcasters too, precluding them from participating in electioneering by broadcasting election programmes free of charge for their preferred parties or candidates.90 Comments [102] We turn to the exceptions for comments. Clifford J held that the song and video were comments for the same reasons that they were editorial content under the Electoral Act.91 He noted that comments may extend to talkback programmes and comments that listeners or viewers are invited to post on broadcasters’ websites, reasoning that such material must be distinguished from participation in the political process. [103] The Commission submitted that this is to attribute to Parliament an intention to leave unregulated the broadcast of election programmes by non-participants, in marked contrast to the Act’s stringent controls on political parties and candidates. But as we have said, nothing in the legislative history suggests that Parliament was concerned when enacting or amending the legislation to regulate broadcasting by non-participants.92 We add that parallel campaigners are now regulated under the Electoral Act, as amended in 2010, and that extends to their use of broadcast media. It is not self-evident that there remains a gap that needs filling and if there is, it is a policy matter for the legislature. We observe that the Justice and Electoral Committee reported to the House of Representatives on the 2014 general election, recommending that the definitions of election advertisement and election programme be reconciled, having regard to work being done by officials on the convergence of broadcast and digital media.93 89 90 91 92 93 High Court judgment, above n 1, at [208]. The legislation also insists that parties must be offered the same terms: s 79B. Geddis “Law and New Zealand’s 2014 election campaign”, above n 60, at 125. Section 79B obliges broadcasters to give comparable terms to all parties and candidates, but only for time that is to be purchased. High Court judgment, above n 1, at [224]. Apart from the 1990 amendments, pt 6 was amended in 1993, 1996 and 2004, but there is nothing in those amendments that is inconsistent with the point made here. Justice and Electoral Committee Inquiry into the 2014 General Election (1.7A, April 2016) at 33.