Disney is currently in negotiations with the Federal Communications Commission (FCC) to ascertain if “The View” talk show should be exempt from the “equal time” law that applies to broadcast programs.
This “equal time rule” mandates that broadcasting stations must offer equal airtime to legally qualified candidates competing for the same position. Yet, broadcasters have pointed out that strict applications of this law could lead to significant scheduling complications. Consequently, in 1959, a “bona fide news” exemption was established for newscasts, documentaries, and interview programs.
On Friday, Brendan Carr took to social media to question whether “The View” meets the criteria for a “bona fide news interview program.”
“According to FCC case law, TV shows are not categorized as ‘bona fide news’ if their decisions are influenced by partisan motives, such as aiming to either support or undermine a candidate’s campaign,” Carr noted. “As emphasized in the Public Notice, Congress originally enacted the equal opportunities law to prevent media entities from influencing election outcomes.”
“Even when the law is applicable, it does not restrict any candidate from appearing on any show. Instead, Congress’s intention was to empower voters with additional information and promote more dialogue,” the post elaborated.
This petition surfaces amid a rising conflict between the FCC and ABC’s parent company, Walt Disney Co. Just last month, the FCC directed Disney to submit early applications for license renewals for its ABC stations, citing an ongoing investigation. This directive followed President Donald Trump’s public call for the company to dismiss host Jimmy Kimmel due to remarks made about First Lady Melania Trump.
Earlier in February, the FCC sent an inquiry to the ABC-owned KTRK-TV concerning “The View” and the February 2 appearance by Texas candidate James Talarico (D-Texas). The inquiry questioned why no equal-time documentation had been submitted for this appearance. KTRK-TV asserted that the existing exemption for the show was still valid; however, in March, the FCC instructed ABC to file a petition for a “declaratory ruling.”
In its response, ABC characterized the FCC’s action as “unprecedented,” referencing a 2002 FCC ruling that affirmed “The View” as qualifying for the exemption.
Although the FCC has historically allowed this exemption to broadly include regularly scheduled daytime and late-night talk shows, the commission recently issued stringent new guidance warning that entertainment programs cannot automatically claim this news exemption if an interview is perceived as partisan or solely entertaining.
