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Late-Night Hosts Rebuke FCC as Agency Narrows Talk-Show Equal-Time Exemption

The agency’s notice questions whether talk-show interviews qualify as bona fide news, exposing stations to equal-time claims during campaign season.

Overview

  • An FCC Media Bureau notice says it has seen no evidence that current late-night or daytime talk-show interview segments qualify for the bona fide news exemption under the equal-time rule.
  • The guidance states the 2006 Jay Leno precedent does not automatically cover all talk-show interviews, signaling case-by-case review and potential equal-time obligations when candidates appear.
  • The equal-time requirement applies to licensed over-the-air broadcasters, not cable, satellite or streaming platforms, and is triggered when rival candidates request comparable airtime.
  • Jimmy Kimmel and Stephen Colbert criticized the move on their shows, calling it an attempt to silence them and a free-speech attack in a fragmented media landscape.
  • Industry and legal voices warned of a chilling effect on bookings and a likely First Amendment clash, as President Trump amplified the issue online and the Wall Street Journal’s editorial board faulted the push.