ELECTORAL ACT ____________________________________________________________________________________ PART XXIB MEDIA COVERAGE OF ELECTIONS [Part XXIB inserted by s. 34 of Act No. 3 of 2012] 160E Interpretation in Part XXIB In this Part— “broadcaster” means a person who operates a broadcasting service for the transmission of television or radio programmes to the public or any substantial section of the public, whether the transmission is effected by wireless or other means; “print publisher” means a person who publishes a newspaper, magazine or other printed document at regular intervals for sale or distribution to the public generally; “public broadcaster” means a broadcaster that is owned or controlled by the State. 160F Application of Part XXIB in relation to other media laws In the event of inconsistency between this Part and the Broadcasting Services Act [Chapter 12:06] (No. 3 of 2001), the Access to Information and Protection of Privacy [Chapter 10:27] (No. 5 of 2002) or any other enactment, this Part shall prevail over that enactment to the extent of the inconsistency. 160G Access to public broadcasting media (1) Public broadcasters shall afford all political parties and independent candidates contesting an election such free access to their broadcasting services as may be prescribed. (2) Regulations made for the purposes of subsection (1) shall provide for— (a) the total time to be allocated to each political party and candidate and the duration of each broadcast that may be made by or on behalf of a party or candidate; and (b) the times at which broadcasts made by political parties and candidates are to be transmitted; and (c) the areas to which broadcasts made by political parties and candidates are to be transmitted; and the regulations shall ensure— (d) a fair and balanced allocation of time between each political party and independent candidate; and (e) that each political party and independent candidate is allowed a reasonable opportunity to present a case through the broadcasting service concerned. 160H Political advertising in broadcasting and print media (1) A broadcaster or print publisher shall not be obliged, subject to section 160G, to publish any advertisement by or on behalf of a political party or candidate contesting an election, but if the broadcaster or publisher is prepared to publish any such advertisement— (a) it shall offer the same terms and conditions of publication, without discrimination, to all the political parties and candidates contesting the election; and (b) the price it charges for publication shall be at the lowest rate it offers to publishers of commercial advertisements; and (c) every such publication shall be identified clearly as an advertisement. (2) Subsection (1) shall not be construed as obliging a broadcaster or print publisher to publish an advertisement which would render the broadcaster or publisher liable to any criminal or delictual penalty. 128