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FCC Tightens Equal-Time Guidance for Talk and Daytime Shows, Pledging Case-by-Case Reviews

Chair Brendan Carr said programs driven by partisan motives may lose the bona fide news exemption.

Overview

  • The FCC’s Media Bureau told broadcasters not to presume late-night and daytime interviews qualify as bona fide news, which could trigger equal-time obligations when legally qualified candidates appear.
  • Carr said exemptions will hinge on factors such as partisan motivation and newsworthiness, adding, "if you’re fake news, you’re not going to qualify."
  • Officials said the move responds to a broad misreading of the Jay Leno Tonight Show precedent that many took as covering most talk shows.
  • Carr noted the equal-time rule applies across broadcasting, including radio, while reiterating that cable, streaming and podcasts are outside its scope.
  • Democratic commissioner Anna Gomez and hosts Stephen Colbert and Jimmy Kimmel criticized the shift as a pressure tactic, while Carr argued broadcasters choosing over-the-air distribution must meet public-interest rules; a recent Josh Shapiro appearance did not qualify because the campaign window has not opened.