Topline
The Federal Communications Commission told broadcasters late night and daytime talk shows are not exempt from the “equal time” rule of the Federal Communications Act, meaning the talk shows will be required to provide political candidates equal opportunity for air time if their opponents sit down for interviews.
Federal regulators said daytime and late night talk show interviews would not necessarily qualify for an exemption from the equal time rule.
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Key Facts
In a public notice filed on Wednesday, the FCC’s Media Bureau said talk shows would no longer automatically count as “bona fide news” programs, which are exempt from the equal time rule.
Late night and daytime talk shows have operated under the news exemption since 2006, after Jay Leno interviewed then-California Gov. Arnold Schwarzenegger on “The Tonight Show.”
At the time, the FCC determined Leno’s interview was a “bona fide news interview” and qualified for an exemption from the equal time rule.
The FCC on Wednesday said this was not a precedent that applied to all talk shows, and told broadcasters to make “all appropriate equal opportunity filings.”
The FCC did not immediately return a request for comment from Forbes.
What Is The Equal Time Rule?
Section 315 of the Federal Communications Act obligates licensed broadcasters to provide equal time to political candidates if they appear on their programs. This often happens when politicians appear on entertainment programs—for example, NBC offered President Donald Trump an opportunity to air a message after his 2024 Democratic rival Kamala Harris made a surprise appearance on “Saturday Night Live.” The section carves out exemptions for newscasts, news interviews, news documentaries and “on-the-spot” coverage of events.
How Will This Apply To Talk Shows?
In the public notice filed on Wednesday, the FCC said the 2006 decision was a “staff-level decision” that did not apply to all talk shows. “Importantly, the FCC has not been presented with any evidence that the interview portion of any late night or daytime television talk show program on air presently would qualify for the bona fide news exemption,” the agency wrote. It also noted that any shows “motivated by partisan purposes” would not qualify under the bona fide news exemption. The agency encouraged broadcasters to file a petition for a ruling over whether a program counts as under the exemption.
Tangent
The decision comes months after FCC Chairman Brendan Carr implied the agency would take action against late night host Jimmy Kimmel after controversial comments following the assassination of conservative campus activist Charlie Kirk. After Carr’s remarks, Kimmel’s “Jimmy Kimmel Live!” program was pulled off the air by stations owned by broadcasters Sinclair and Nexstar and suspended by ABC’s parent company Disney. Carr was quickly accused of “jawboning,” or using his speech as a government official to influence the decisions of a private company. Disney eventually brought Kimmel’s show back about one week later.
Source: https://www.forbes.com/sites/zacharyfolk/2026/01/21/late-night-talk-shows-must-offer-opposing-political-candidates-equal-time-fcc-says/
