The Electoral Commission is heading to court, to clarify exactly what an "election advertisement" is.

It follows two High Court decisions that appear to take different approaches to the legal interpretation of its meaning.

One involved a satirical song called Planet Key, which was banned by the Electoral Commission but later found by the High Court NOT to be an election broadcast.

The other involved a a Greenpeace website about climate change, which the High Court ruled was an election advertisement.

Chief Electoral Officer Robert Peden says clarification's needed to ensure the Commission is able to provide advice and guidance to parties, candidates and third parties.