A clash between comedian Stephen Colbert and the network broadcasting his late-night program has drawn attention to a long-standing broadcasting regulation, the equal time rule. During a recent episode of “The Late Show with Stephen Colbert,” the host disclosed that CBS’s lawyers had advised him against airing an interview with Texas Democratic candidate James Talarico, who is vying for a Senate seat. Despite Colbert’s humorous take on the situation, CBS refuted his claims, stating that they had simply provided legal guidance regarding the FCC’s equal-time rule.
The equal time rule, a provision dating back to the Communications Act of 1934, mandates that broadcasters offer equal airtime to all candidates running in elections. While the rule aims to prevent bias and ensure fairness, exceptions exist for news programs, legitimate interview shows, live events, and documentaries. Notably, the rule applies solely to broadcast TV and radio, excluding content on streaming platforms and social media.
Historically, the interpretation of the equal time rule has evolved. In the past, political interviews on talk shows were exempt from the rule. However, recent guidance from the FCC under the Trump administration suggests a shift in this interpretation. The FCC’s letter emphasized that decisions regarding exemptions are made on a case-by-case basis, cautioning against partisan motivations in programming.
Colbert criticized FCC Chairman Brendan Carr, appointed by former President Trump, for what he perceived as partisan bias. Carr defended the FCC’s stance, denying any censorship and clarifying that broadcasters must uphold their responsibility to comply with FCC regulations. Following the FCC’s guidance, investigations have been initiated into potential violations of the equal time rule by other shows, raising concerns about regulatory influence on media freedom.
Despite the ongoing debate surrounding terrestrial television regulations, Colbert’s interview with Talarico remains accessible on YouTube, garnering millions of views. While digital platforms are not subject to the equal time rule, legal experts like Harold Feld advocate for its preservation to safeguard diverse viewpoints in the media landscape. However, concerns persist that regulatory pressures could impede political discourse and voter education through media interviews.