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.

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