Late-night and daytime talk shows may have to adjust their guest lineups under revised guidance the Federal Communications Commission issued this week, a move that could revive the agency’s recent tussles with networks.
Shows hosting political candidates generally will not automatically qualify as “bona fide news” programs, which are exempt from the equal-time rule requiring comparable airtime for rival candidates.
“This statutory requirement and the corresponding FCC rules seek to ensure that no legally qualified candidate for office is unfairly given less access to the public airwaves than their opponent,” the agency announced in a filing Wednesday.
Under the federal equal-time rule, codified in the Communications Act of 1934, broadcast stations must provide equivalent opportunities to legally qualified candidates for public office if one candidate is given airtime on a program.
Historically, appearances on true news programs, such as newscasts and news interviews, were exempt from this obligation. However, many talk and entertainment programs have long been treated as exempt under a 2006 FCC decision that allowed then-California Gov. Arnold Schwarzenegger’s interview on Jay Leno’s “The Tonight Show” to count as a news interview.
Programs such as ABC’s “The View,” “Jimmy Kimmel Live!” and “The Late Show with Stephen Colbert” have routinely featured politicians and other public figures without triggering equal-time obligations. An analysis conducted by the conservative Media Research Center found that the five major late-night comedy programs featured 31 Democrats, while zero Republican officials had any airtime between July 7 and Dec. 19.
The FCC’s Media Bureau clarified in the public filing that the 2006 decision was specific to that case and should not be taken as a blanket exemption for all talk and late-night shows. The bureau noted that current programs have not demonstrated they qualify for the bona fide news exemption, and cautioned broadcasters to complete all relevant equal opportunities filings if they host political candidates.
With the FCC’s updated guidance, broadcasters may need to adjust how they book guests and manage political content to avoid triggering their duty to offer equivalent access to opposing candidates.
Networks can petition the FCC for a ruling if they believe a program should still be considered a bona fide news event, but the agency emphasized that it will set a high bar for that.
The latest guidance comes months after FCC Chairman Brendan Carr warned that the agency could take action against Jimmy Kimmel over controversial remarks made after the assassination of conservative campus activist Charlie Kirk.
Following Carr’s comments, stations owned by Sinclair and Nexstar dropped “Jimmy Kimmel Live!,” and ABC’s parent company, Disney, suspended the show. Disney restored the program about a week later.
Carr testified before the Senate Commerce Committee last month and argued that the FCC’s actions are justified because the “Supreme Court has said that the FCC enforcing the public interest standard on licensees is not a violation of the First Amendment or censorship.”
Ebony Davis is a breaking news reporter for MS NOW based in Washington, D.C. She previously worked at CNN as a campaign reporter covering elections and politics.