The Federal Communications Commission (FCC) is moving towards stricter enforcement of its "equal-time rule," which would eliminate a long-standing exemption for talk shows previously considered "bona fide news" programs. FCC Chair Brendan Carr has advocated for this change, which would require television and radio broadcasters to offer equal airtime to all legally qualified opposing political candidates if one appears on their shows. The initiative has drawn criticism from late-night hosts and media experts, who cite concerns about free speech, enforceability, and potential political motivations.
Background on the Equal-Time Rule
The "equal-time rule," a component of the Federal Communications Act, mandates that if a broadcaster permits a legally qualified political candidate to use its station, it must afford equal opportunities to all other such candidates for that office. Historically, entertainment programs have been subject to this rule, but talk shows, including late-night programs, have operated under an exemption since 2006, often categorized as "bona fide news" programs. This exemption allowed them to feature political figures without triggering equal-time obligations for all other candidates.
The FCC's new guidance questions whether these talk shows should continue to qualify for such exemptions. This reinterpretation means programs like "Jimmy Kimmel Live," "The Late Show with Stephen Colbert," "Late Night with Seth Meyers," and "The View" may no longer be automatically considered "bona fide news" programs, thus subjecting them to the equal-time requirement.
Specific Programs and Personalities
The proposed enforcement aligns with criticisms that have been directed from the Trump administration towards late-night talk show hosts who frequently comment on political figures and feature their opponents.
Recent instances illustrate the rule's application:
- In 2024, after Democratic candidate Kamala Harris appeared on NBC's "Saturday Night Live," NBC filed an equal-time notice. The Trump campaign subsequently received two 60-second messages that aired during a NASCAR race and "Sunday Night Football" post-game coverage.
- President Trump has publicly referenced the FCC's focus on programs such as ABC's "The View" and "Jimmy Kimmel Live."
FCC Chair Brendan Carr reportedly threatened ABC TV station licenses in September following remarks made by Jimmy Kimmel, which had drawn conservative criticism. Two major TV station groups subsequently removed Kimmel's program from their lineups.
Perspectives and Criticisms
The FCC's initiative has generated various responses and concerns:
From Hosts:
- Late-night hosts Jimmy Kimmel and Stephen Colbert have criticized the move. Kimmel characterized it as a "war on talk shows" and accused FCC Chair Brendan Carr of "reinterpreting long-agreed-upon rules." He questioned the relevance of the rule given that broadcast TV now accounts for approximately 20% of viewing. Kimmel suggested the action was a "sneaky little way of keeping viewpoints that aren't his off the air."
- Colbert addressed the FCC's action on his show, expressing his belief that it was an attempt to silence him, Kimmel, and Meyers, while also stating he was flattered by the FCC's perceived belief in his show's political power.
From Media Experts:
- Jeffrey McCall, a communications professor at DePauw University, considers the rule outdated, noting its establishment during a period of media scarcity that no longer exists due to the proliferation of cable, podcasts, and streaming platforms. He also questioned the rule's legal viability if challenged in court, citing the Supreme Court's tendency to uphold First Amendment protections for free speech in an evolving media landscape.
- Michael Harrison, a media consultant, suggested that enforcing the rule would unfairly burden traditional broadcasters who compete with unregulated digital media. Harrison also proposed that the plan might be intended to demonstrate the FCC's continued relevance in programming regulation.
From Industry Insiders:
- Anonymous network executives have reportedly perceived Carr's initiative as an effort to control critics of the president through broadcast regulation. President Trump has previously advocated for revoking TV licenses in response to critical reporting or monologues. These executives also suggested Carr may intend to create divisions between networks and their affiliate stations, as Carr has expressed interest in examining the influence of national media centers on local broadcasters.
- Sean Hannity, a conservative talk radio host, expressed opposition to increased government regulation of broadcast content, advocating for less government interference and more freedom in media.
Operational Implications and Challenges
Enforcement of the equal-time rule could present operational challenges for TV and radio stations. It would enable all legally qualified candidates, including those from minor parties, to request equal airtime within seven days of an opponent's appearance. Media experts suggest that such enforcement could be difficult and potentially impact free speech.
The proposed enforcement could also affect conservative broadcasters, particularly in talk radio, where such hosts are prominent. These broadcasters would similarly be required to comply with the equal-time rule when featuring Republican candidates. McCall noted that selectively applying the rule to television but not radio could lead to accusations of bias.
Broader Context
The increased prominence of political commentary and humor on late-night television has been noted alongside the rise of political figures who have integrated politics into pop culture discussions. Politicians, including former President Trump, have frequently appeared on late-night shows. For example, Senator Bernie Sanders has been a guest on "The Late Show with Stephen Colbert" 19 times, and Trump hosted "Saturday Night Live" twice, including during his 2015 presidential campaign.