By Meg Kinnard
Associated Press
Stephen Colbert’s comments that network executives pulled his interview with Democratic Texas Senate candidate James Talarico over fears it would violate regulatory guidance from the Trump administration has prompted a conversation about the rules governing how media outlets treat political coverage.
The concern about the interview, which the late-night host referenced in his Monday night show and later posted in full online, stems from a requirement that broadcast stations give equal time to political candidates when they appear on-air.
Although there are multiple exemptions to the provision, the Trump administration through the Federal Communications Commission — which regulates the nation’s airwaves — has been moving to clamp down specifically on programs like Colbert’s, which the agency has suggested may be “motivated by partisan purposes.”
“He was supposed to be here, but we were told in no uncertain terms by our network’s lawyers, who called us directly, that we could not have him on the broadcast,” Colbert said on his program, “The Late Show with Stephen Colbert.”
In a statement issued Tuesday, CBS said Colbert’s show “was provided legal guidance that the broadcast could trigger the FCC equal-time rule for two other candidates” in the March 3 Democratic primary, “and presented options for how the equal time for other candidates could be fulfilled.” Thereafter, the network noted, it was decided “to present the interview through its YouTube channel with on-air promotion on the broadcast rather than potentially providing the equal-time options.”
Talarico, a critic of President Donald Trump, posted a nearly minute-long clip of his interview with Colbert on X and called it “the interview Donald Trump didn’t want you to see.”
What does equal time mean?
The Communications Act of 1934, the wide-ranging legislation that for nearly a century has broadly governed use of the nation’s airwaves, includes a provision that applies specifically to coverage of political candidates. If a station gives airtime to one candidate, then the same station must offer comparable time to other candidates competing in the given contest, should they ask for it.
It also delves into campaign advertising airtime sold by stations and networks. If a station sells airtime to one candidate, then it also has to offer to sell the same amount of time to other candidates for the same office.
There are exceptions to this rule, including newscasts, “bona fide” interview programs, coverage of live events or documentaries. But if candidates host TV shows or appear in non-news, entertainment programming, that does trigger the provision.
me also only applies to broadcast television and radio. So pieces on cable, streaming services or social media aren’t included.
How the Trump administration has treated equal time
The rule requiring networks to give equal time to political candidates hasn’t traditionally been applied to talk shows, but the Trump administration has made moves to change that.
In January, the Federal Communications Commission issued new guidance warning late-night and daytime hosts that they need to give political candidates equal time, with FCC Chairman Brendan Carr questioning the talk show exemption and positing that hosts were “motivated by partisan purposes.”
“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,” according to the public notice.
FCC eyes talk shows like ‘The View’
The notice also said that television networks would need to apply for exemptions for individual programs.
In his comments, Colbert noted that the equal time provision applies to broadcast but not streaming platforms. Subsequently, his nearly 15-minute interview with Talarico was posted to the YouTube page for Colbert’s show, with the host noting specifically that the segment was only appearing online and not on broadcast.
Carr, appointed by Trump to lead the agency last year, has often criticized network talk shows, suggesting last year that probing ABC’s “The View” — whose hosts have frequently been critical of Trump — over the exemption might be “worthwhile.”
The FCC did not immediately respond to messages seeking comment Tuesday.
What about the Fairness Doctrine?
Created by the FCC in 1949, this rule mandated that broadcasters present contrasting viewpoints when covering publicly important and controversial issues. Unlike the equal time provision of the Communications Act, this was an FCC rule, not a law.
It didn’t apply specifically to political candidates, but topics. The U.S. Supreme Court upheld the doctrine on a First Amendment challenge in 1969, with the court writing that the limited availability of broadcast spectrum justified regulation.
In 1987, the FCC repealed the rule, arguing that spectrum scarcity was no longer an issue, and then-President Ronald Reagan vetoed Congress’ attempt to codify it into law.
Associated Press reporter David Bauder contributed to this report.
Kinnard can be reached at http://x.com/MegKinnardAP