Editorial content
[54]
Next, the editorial content of certain publications is not an election
advertisement. Those publications are periodicals (a term further defined to mean
newspapers, magazines and trade or professional journals that were established for
purposes unrelated to the conduct of election campaigns and are published at regular
intervals and generally available to the public54), radio or television programmes,
and publications on “news media Internet sites”, which presumably refers to internet
sites run by news media interests. We make several points about this provision.
[55]
First, it extends to a wide and diverse range of media. It is not confined to
the traditional editorial content of news publications, or media regulated by the
Press Council and the Broadcasting Standards Authority.
[56]
Second, it requires that such publications enjoy an existence apart from the
conduct of election campaigns. The definition of periodical confirms that, as does
the notion of editorial content, which contemplates that such publications have some
content other than the editorial. That other content need not be news reportage.55
[57]
In this regard, we agree with Clifford J that editorial content must be
interpreted liberally. It need not convey the opinion of the publication; it may
include “op-ed” pieces written by others or any form of comment on the political
process — including contributions made by the publication’s audience — that the
editors have chosen to publish. It remains the case that the publication must exercise
some editorial oversight, by creating, permitting or selecting such comment for
publication.
[58]
Third, it is the association with the editor, rather than the effect of the
message, that distinguishes editorial comment from election advertisements
published in a newspaper or other periodical.56 Put another way, the Electoral Act
contemplates that editorial content may encourage voters to vote in particular ways
54
55
56
Electoral Act, s 3A(3).
Although we note that the exception at s 3A(2)(c)(iii) is specifically for “news media Internet
sites”.
The definition of publish in s 3D includes advertisements published in newspapers or other
periodicals.