// Workers AI · dad joke modeWhat did the equal-time rule say to its friend? You're balanced.
The equal-time rule (47 U.S. Code § 315 - Candidates for public office)[1] specifies that American radio and television broadcast stations must provide equivalent access to competing political candidates. This means, for example, that if a station broadcasts a message by a candidate, it must offer the same amount of time on the same terms (in, say, prime time) to an opposing candidate.[2] Although the equal opportunities rule is often cited as not applying to cable, Section 315 of the Communications Act does state that for this purpose, “The term “broadcasting station” includes a community antenna television system..”
Details
[edit]This rule originated in §18 of the Radio Act of 1927 which established the Federal Radio Commission; it was later superseded by the Communications Act of 1934, with the FRC becoming the FCC, the Federal Communications Commission. A related provision, in §315(b), requires that broadcasters offer time to candidates at the same rate as their "most favored advertiser".
The equal-time rule was created due to concerns that broadcast stations could easily manipulate the outcome of elections by presenting just one point of view and excluding other candidates.
There are several exceptions to the equal-time rule;
- If the airing was within a documentary, bona fide news interview, scheduled newscast, or an on-the-spot news event, the equal-time rule does not apply.[3][4]
- The FCC has classified shows such as Entertainment Tonight (stating that its role "is not to decide, by some qualitative analysis, whether one kind of news story is more bona fide than another"), as well as talk shows such as The View and Anderson, as being news programs for the purpose of the equal-time rule.[5][6][7]
- In 2026, current FCC chairman Brendan Carr adopted guidance specifying that this exception may not apply to appearances by candidates on talk shows that are not bona fide news programs. The FCC has, in particular, targeted ABC's long-running The View for violating the equal-time rule by featuring an appearance by 2026 Democratic Senate candidate James Talarico.[8][5][9][6]
- The equal-time rule was suspended by Congress in 1960 to permit the inaugural presidential debates between Richard Nixon and John F. Kennedy.[10] Since 1983, political debates not hosted directly by a station or network are considered "news events", and as a result, they are not subject to the rule. Usually, these debates are coordinated through a third party (such as the Commission on Presidential Debates, a state broadcaster's association, a newspaper independent of a television station or network, or the League of Women Voters), and use eligibility criteria to restrict participation to the top candidates without needing to offer airtime to minor-party or independent candidates, or inflammatory candidates who intend only to disrupt the proceedings.
- Advertisements: if a candidate has more money than an opponent, they can still get more time on the public airwaves without their ads counting towards the equal time rule.
When candidates for office have careers in media, the rule can affect previously produced material. When Ronald Reagan and Donald Trump ran for president, television networks did not broadcast films or programs they appeared in.[11] Localized invocations of the rule apply in elections for lower office, with television stations revising their schedules if they broadcast within the state or district where the candidate in question is running.[11][12]
Fairness doctrines
[edit]The equal-time rule should not be confused with the now-defunct FCC fairness doctrine, which dealt with presenting balanced points of view on matters of public importance.
The Zapple doctrine (part of a specific provision of the fairness doctrine) was similar to the equal-time rule but applied to different political campaign participants. The equal-time rule applies to the political candidate only. The Zapple doctrine had the same purpose and requirements of equivalent coverage opportunity as the equal-time rule, but its scope included the candidate's spokesman and supporters, not the candidate.[13]
References
[edit]Footnotes
[edit]- ↑ Legal Information Institute. "47 U.S. Code § 315 - Candidates for public office". Retrieved July 28, 2024.
- ↑ Miller, Philip (February 11, 2013). Media Law for Producers. CRC Press. p. 340. ISBN 9781136046025. Retrieved March 24, 2016.
- ↑ "Late-night and daytime talk shows must offer equal time for candidate interviews, FCC says". NBC News. Reuters. January 22, 2026. Retrieved February 18, 2026.
- ↑ Weprin, Alex (January 29, 2026). "Brendan Carr Responds to Kimmel Over New FCC Equal Time Rules: "If You're Fake News, You're Not Going to Qualify"". The Hollywood Reporter. Retrieved February 18, 2026.
- 1 2 "FCC chair's call for 'equal time' could have chilling effect on TV and radio". Los Angeles Times. January 23, 2026. Retrieved September 14, 2026.
- 1 2 Weprin, Alex (July 7, 2026). "ABC Fires Back at FCC, Defends 'The View' on Free Speech Grounds". The Hollywood Reporter. Retrieved September 14, 2026.
- ↑ Gardner, Eriq (December 2, 2011). "Anderson Cooper's Talk Show Is a News Program, FCC Rules; The government regulators have determined talk show qualifies as news and is thus exempt from obligations to giving political candidates equal air time". The Hollywood Reporter. Retrieved December 24, 2011.
- ↑ Johnson, Ted (September 13, 2026). "FCC Chairman Accuses James Talarico Of Running "Hoax" With Kimmel". Deadline. Retrieved September 14, 2026.
- ↑ Weprin, Alex (March 23, 2026). "Politicians "Disappear" From 'The View' After Trump's FCC Threat — and a Big Test Is Ahead". The Hollywood Reporter. Retrieved September 14, 2026.
- ↑ Pietrusza D. 1960:LBJ vs. JFK vs. Nixon. Union Square Press 2008
- 1 2 Battaglio, Stephen (November 30, 2021). "Here's what happens to Dr. Oz's talk show now that he's running for Senate". Los Angeles Times. Retrieved December 1, 2021.
- ↑ Otterson, Joe (December 13, 2021). "'Dr. Oz Show' to End in January as Host Pursues Pennsylvania Senate Run". Variety. Retrieved December 13, 2021.
- ↑ Oxenford, David (May 8, 2014). "FCC Decides that it will No Longer Enforce the Zapple Doctrine – Killing the Last Remnant of the Fairness Doctrine". Broadcast Law Blog. Retrieved September 6, 2017.
Bibliography
[edit]Further reading
[edit]- Selected FCC Regulatory Policies: Their Purpose and Consequences for Commercial Radio and TV (PDF) (Report). Government Accountability Office. June 4, 1979. pp. 143–155. Retrieved January 3, 2025.
- Holmes, Eric N. (October 7, 2024). The Equal Time Rule for Political Candidates: Constitutional Context (Report). Congressional Research Service. Retrieved December 31, 2024.
External links
[edit]- Equal Time Rule Archived November 25, 2005, at the Wayback Machine in The Museum of Broadcast Communications
- Radio and TV Stations Required to Give Equal Time in Issues of Democracy
- MSN Encarta – Equal Time Rule (Archived 2009-10-31)
