FCC Signals Shift on “Equal Time” Rules for Talk Shows Ahead of 2026 Elections
The Federal Communications Commission has issued new guidance warning television broadcasters that daytime and late-night talk shows may no longer automatically qualify for exemptions from federal “equal time” requirements when featuring political candidates—marking a potentially significant shift in how election-season media appearances are regulated.
In a public statement posted Wednesday, FCC Chairman Brendan Carr said the agency was pushing back on what it views as a long-standing assumption by legacy television networks.
“For years, legacy TV networks assumed that their late night & daytime talk shows qualify as ‘bona fide news’ programs—even when motivated by purely partisan political purposes,” Carr wrote. “Today, the FCC reminded them of their obligation to provide all candidates with equal opportunities.”
Reexamining a Longstanding Precedent
For nearly two decades, networks have relied on a 2006 FCC Media Bureau decision that granted the interview segment of The Tonight Show—then hosted by Jay Leno—an exemption from the Communications Act’s equal opportunities rule. That decision allowed talk shows to interview political candidates without extending the same airtime to their opponents, provided the interviews were deemed bona fide news content.
According to reporting by NBC News, networks have treated the Leno ruling as a blanket precedent, applying it broadly to modern late-night and daytime programming—even as those shows have become increasingly political in tone and editorial framing.
The FCC’s Media Bureau, however, said Wednesday that broadcasters should no longer assume that exemption applies.
The bureau stated it “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.
Instead, the FCC advised that any station or program seeking certainty should file a petition for a declaratory ruling, asking the agency to formally determine whether the equal time rule applies to a specific show.
What the Equal Time Rule Requires
Under federal law, broadcasters that allow one legally qualified political candidate to use their station must offer equal opportunities to opposing candidates for the same office. The rule does not require identical treatment or viewpoints, but it does require comparable access.
Importantly, the equal time rule does not apply to bona fide newscasts, news interviews, documentaries, or on-the-spot coverage of news events. It is also typically triggered within 90 days of a nomination by convention or caucus, rather than throughout the entire election cycle.
The FCC’s latest guidance does not change the statute itself—but it signals a narrower interpretation of what qualifies as “news” when political candidates appear on entertainment-oriented programs.
Internal Dissent and Free Speech Concerns
Not all FCC commissioners agree with the new posture. Democratic FCC Commissioner Anna Gomez sharply criticized the guidance, warning that it could chill editorial judgment and invite government overreach into protected speech.
She argued that the announcement contradicts decades of FCC practice that allowed broadcasters to exercise discretion based on newsworthiness, not partisan balance.
“This is an escalation in this FCC’s ongoing campaign to censor and control speech,” Gomez said. “The First Amendment does not yield to government intimidation.”
Gomez cautioned that broadcasters may feel pressured to avoid or dilute political interviews altogether, rather than risk regulatory scrutiny during a heated election season.
Why This Matters Going Forward
The FCC’s guidance arrives as the line between news, commentary, and entertainment continues to blur—particularly in late-night television, where interviews with political figures often blend humor, advocacy, and critique.
By questioning whether such programs still qualify for automatic exemptions, the commission is signaling that format alone is no longer enough; intent, editorial structure, and consistency may now matter more.
Whether networks challenge the guidance, seek formal rulings, or adjust their booking practices remains to be seen. What is clear is that the FCC is reasserting its authority over a space that, until now, operated largely on precedent and assumption—just as the next election cycle begins to accelerate.