something, and an effect upon voters. The Act does not preclude other types of programme. [86] Second, as noted above, broadcasters must make reasonable efforts to achieve balance within a programme or within close proximity to it. 73 This requirement has been modified for election programmes by a code of practice issued by the Broadcasting Standards Authority,74 but it applies to other politically controversial programmes that do not qualify as election programmes, such as current affairs or news programmes. [87] Third, the Act presumes that broadcasters control the type and content of programmes. This suggests that for purposes of definition it is likely to be the broadcaster’s intention for the programme that matters. Of course, this is not to assume that the broadcaster must endorse the content. Election programme [88] It follows that when characterising a programme as an election programme, or comment, or current affairs, or news, or none of these, one must first begin by establishing where the programme begins and ends. We recognise that an election advertisement broadcast for a party or candidate will always be an election programme; such advertisements are by nature discrete, in that they stand alone and promote the advertiser’s interests, and because the Act regulates broadcasting time bought by parties and candidates, it contemplates that advertisements will be treated as discrete programmes. In any other case, judgment is required and the parameters of the programme are likely to correspond to a decision made by the broadcaster. [89] This leads to the important point that it is the effect of the programme as a whole that matters under s 69. It must encourage or persuade, or appear to encourage or persuade, voters to vote or not to vote for a party or candidate, or advocate support for or oppose a party or candidate. In a similar vein to our point at 73 74 Section 4(1)(d) and Free-to-Air Television Code of Broadcasting Practice, above n 66, at 6 and Radio Code of Broadcasting Practice, above n 66, at 5. Section 79 and Broadcasting Standards Authority Election Programmes Code of Broadcasting Practice (May 2011) at 6. The Code excludes the requirement for balance in the interests of robust debate and advocacy, but only for election programmes as defined.