Overview
- In a Jan. 21 public notice, the FCC’s Media Bureau said late‑night and daytime interviews are not automatically “bona fide news,” meaning Section 315 equal‑opportunities requirements can apply to candidate appearances on broadcast television.
- The bureau characterized the 2006 Jay Leno decision as a narrow, staff‑level ruling and said it has received no evidence that current talk‑show interviews qualify for the news exemption.
- Programs driven by partisan purposes would not receive the exemption, and stations or shows seeking certainty are encouraged to file petitions for declaratory rulings and make all appropriate equal‑opportunity filings.
- Democratic Commissioner Anna Gomez condemned the guidance as a move to control speech and noted there was no formal rule change, while conservative groups that filed complaints praised the action as addressing perceived imbalance.
- Broadcasters now face choices about bookings or offering comparable airtime, with legal and civil‑liberties experts warning of a chilling effect and possible constitutional challenges as Chair Brendan Carr signals a tougher enforcement posture following last year’s Kimmel dispute.