Talk shows lose equal time exemption protections.

Broadcasters may need to adjust their booking strategies for political candidates following a recent clarification from the FCC regarding the “bona fide news” exemption. In a public notice, the commission stated that appearances by candidates on daytime and late-night talk shows do not automatically qualify for the news interview exemption under equal time rules.

This interpretation means that if a station features a legally qualified candidate on a program that is considered entertainment or variety rather than a genuine news interview, opposing candidates may be entitled to equal airtime. The guidance serves as a warning to stations to carefully categorize their programming as the election season progresses to avoid inadvertent violations of Section 315 of the Communications Act.

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