FCC Issues Guidance on Equal Time for Political Candidates

Recently, the Federal Communications Commission (FCC) communicated new guidelines aimed at ensuring that broadcasters provide equal airtime to political candidates.

According to reports, the FCC’s investigation was prompted by the appearance of James Talarico, a Democratic candidate for the Texas House of Representatives and Senate, on the show The View. It appears Talarico was given about nine minutes of airtime in a single segment, whereas her opponent in the upcoming Texas Democratic primary, Rep. Jasmine Crockett, received approximately 17 minutes spread across three segments during her own appearance.

While there’s a longstanding exception for news programming that allows for unequal airtime, the FCC has clarified that:

There has been a recognized “bona fide” exception for news segments, but the FCC asserts that “no evidence has been presented that the interview segments of currently airing late-night or daytime television talk show programs qualify for the ‘bona fide’ news exemption.”

Notably, Disney, ABC’s parent company, has not filed any concurrent documentation with the FCC regarding Talarico’s recent exposure, which might imply that they consider The View to be legitimate news and thus exempt from these rules.

Importantly, requirements for equal opportunity apply to all candidates on the ballot, irrespective of their party affiliation. Therefore, all eligible candidates in the Democratic primary must receive equal opportunity for airtime. In this case, Talarico’s single feature lasted around nine minutes, while her primary rival, Rep. Crockett, had three segments totaling about 17 minutes, with Crockett’s segment airing prior to the FCC’s enforcement announcement.

Earlier this year, Breitbart News reported that the FCC had provided guidance to ensure that broadcast television adheres to the requirements for equal political opportunities.