Federal Communications Commission (FCC) Chairman Brendan Kerr is downplaying the criticism leveled at him by late-night hosts Stephen Colbert and Jimmy Kimmel regarding a recent FCC announcement that may affect liberal programming.
“I didn’t catch Kimmel or Colbert live; it’s not that I struggle to sleep. I can manage that just fine without their shows,” Kerr remarked in an interview, reflecting on his priorities.
Colbert and Kimmel voiced strong opposition to the FCC’s directive for ABC, CBS, and NBC to adhere to “statutory equal opportunity requirements.” This includes the airing of late-night and daytime talk shows, as per the Communications Act of 1934.
The FCC stated in a press release last month that according to Section 315, if a broadcasting station lets a legally qualified candidate for public office use its platform, it must also extend the same opportunity to all other legally qualified candidates for that position.
Colbert criticized the new guidance, claiming it was an effort to “silence” him and his peers, including Seth Meyers.
“I’m honored that you believe appearing on my show can influence politics,” Colbert said, emphasizing his long tenure in the industry. “If the government had followed my lead, you wouldn’t even have had the authority to make this announcement.” He directed this message toward Kerr.
Kimmel echoed similar sentiments, criticizing the FCC for undermining his ability to engage with politicians who oppose his views on his show.
“We’re facing threats from the FCC again, and we may need your support once more,” Kimmel hinted to his audience, referencing previous tensions with the liberal community surrounding a brief suspension of his show.
Kerr retorted that the regulation he’s enforcing harks back to the 1950s, suggesting that if Colbert and Kimmel disapprove of the law, they should advocate for Congress to revise it.
“I’m going to enforce this regulation while I’m in charge,” he declared. “Today, there are countless avenues for broadcasting that don’t require adherence to this regulation, like cable channels or streaming services.”
Kerr stated that if Colbert or Kimmel wish to continue their shows without the constraints of these public interest obligations, they have alternative options available.
Turning to his approach with broadcast networks, Kerr noted he hasn’t directly discussed the new guidelines with the three major networks. Rather, he aims to bolster them to counter programming offered by these stations.
Kerr pointed out previous instances where there was pushback from their stations, referencing a brief boycott of Kimmel’s show by Sinclair and Nexstar Media Group last fall.
Recent data indicates that nearly all of the active politicians who appeared on major late-night and daytime talk shows like “The Late Show with Stephen Colbert,” “Jimmy Kimmel Live!” and “The View” have been Democrats.
Kerr mentioned that networks could fulfill the policy’s requirements without hosting Republican candidates directly, by offering alternate appearances on news segments or airing respective campaign ads.
“When political candidates are competing, equal time must be provided,” Kerr explained. He noted the longstanding bona fide news exception that permits one candidate to appear without the other, but stated that this exception has been overly applied, consequently leading broadcasters to misinterpret late-night and daytime shows as genuine news programs.
