It will be seen that this definition is similar to the Electoral Act’s definition of election advertisement insofar as it requires that the programme have the effect or apparent effect of persuading voters to vote for, or not to vote for, a party or candidate. It is narrower in that the effect must relate to a specific party or candidate; as noted above, election advertisements include party and candidate advertisements, but also those that relate to a type of party or candidate. It is wider in that the encouragement or persuasion need not be by reference to views or positions adopted or not adopted by the party or candidate. [82] It is common ground that the legislation has a very substantial effect on free speech.70 That being so, a rights-consistent approach must be taken when establishing what is an election programme, when assessing such programme’s effect on voters, and when interpreting the exceptions. Programme [83] We begin with the concept of programme. As noted, this term receives a definition that is very broad in that it speaks of sound and/or visual images but also requires that there be an intended objective of informing, enlightening, entertaining or promoting. [84] Clifford J held that a programme is “anything broadcast”, 71 and before us Mr Powell argued that s 70 captures “any sound or image or combination thereof” that has the effect of promoting or opposing a party. We do not agree that the Act uses the term in this very expansive sense.72 In our view it is a term of art. We make three points about it. [85] First, the Act expressly recognises programmes of different types — notably, advertising, election, news, and current affairs. These are distinctions based on purpose, content, effect and style. For example, the further definitions of advertising and election programmes refer respectively to a primary intention to promote 70 71 72 See generally Geddis “Law and New Zealand’s 2014 election campaign”, above n 60, at 125. High Court judgment, above n 1, at [47]. Clifford J may have been led to that conclusion by the fact the parties did not argue that election programmes are confined to those broadcast by a political party or candidate: at [196].