The FCC's Equal Time Rule

[merh]

EQUAL TIME RULE

U.S. Broadcasting Regulatory Rule

It is the closest thing in broadcast content regulation to the "golden rule." The equal time, or more accurately, the equal opportunity provision of the Communications Act requires radio and television stations and cable systems which originate their own programming to treat legally qualified political candidates equally when it comes to selling or giving away air time. Simply put, a station which sells or gives one minute to Candidate A must sell or give the same amount of time with the same audience potential to all other candidates for the particular office. However, a candidate who can not afford time does not receive free time unless his or her opponent is also given free time. Thus, even with the equal time law, a well funded campaign has a significant advantage in terms of broadcast exposure for the candidate.

more at http://www.museum.tv/archives/etv/E/htmlE/equaltimeru/equaltimeru.htm

The Equal Time Rule was an issue when Fred Thompson was on the ballot and when Arnold ran for governor and during Reagan's campaigns. See the article below.

Fred Thompson's Presidential Hopes Could Put 'Law' Reruns in Lockup

By Michael D. Shear
Washington Post Staff Writer
Friday, March 30, 2007; Page C07

If Fred Thompson, the onetime Tennessee senator better known to most Americans as District Attorney Arthur Branch on "Law & Order," runs for president, some fans may be in for a letdown. Television stations are expected to suspend reruns of the show if he makes a real-life bid for the White House.

Federal campaign law requires broadcasters to give all candidates equal time on the airwaves. That rule applies to entertainment programs like "Law & Order," meaning stations that run the show would be required to give other GOP candidates a like amount of prime-time exposure.

-snip-

The equal-time provision, enforced by the Federal Communications Commission, has been a staple of political campaigning for decades. Its primary goal is to make sure that candidates cannot be frozen out of crucial television time for their campaign commercials.

Candidates' appearances on newscasts, interview programs and at news events are exempted from the rule. So are incidental appearances in documentaries.

But the rule has been applied to television and movie stars in the past.

During the 2003 gubernatorial race in California, television stations dropped all Arnold Schwarzenegger movies out of fear that showing them would require them to give countless hours of free airtime to all 134 other candidates for governor.

Stations also dropped "Bedtime for Bonzo" and other Ronald Reagan movies during his campaigns for governor of California and president.

http://www.washingtonpost.com/wp-dyn/content/article/2007/03/28/AR2007032802174.html

Additionally, the free air time could constitute a "in kind" contribution to the McCain campaign and may exceed what a corporation can give.

[endarkenment]

1. FCC regulation here does not apply to cable channels

however I agree that this appears to be an in-kind donation to the McCain campaign, especially as it is being offered it seems in compensation for paid-for airtime for the Obama campaign.

[No Elephants]

2. Sorry, wrong spot.

[onenote]

3. that is not exactly correct

There are circumstances in which the equal opps rule applies to cable --- for instance, when a cable system has local ad avails on a national cable network, the sale of those spots to a candidate would trigger the equal opps provision. Whether or not it applies directly or indirectly to appearances by a candidate on the national network is as yet unresolved by the FCC -- there are cases cutting both ways.

[No Elephants]

5. It is correct as to the Fairness Doctrine per se. However, some other set of rules may

apply. Hence my question as to whether the opening post was about the Fairness Doctrine or another set of rules.

[No Elephants]

4. Are you referring to what is often called the FCC "Fairness Doctrine?" If so, the FCC

abolished it in 1987. http://en.wikipedia.org/wiki/Fairness_Doctrine However, a station may, of course, on its own, feel something is unfair and restrain itself. I think that is the case most often when it comes to movies. Although, in the case of Reagan and Ahnuld, many of the movies were so bad, you could argue the point both ways. Would a station running a movie of Ahnuld or Ronnie being unduly kind to the Republican, or unduly mean?

[onenote]

8. no. the equal opportunities rule is different from the FD.

And the equal opportunities rule is still on the books.

HOwever, to the extent that what is being discussed is that McCain is going to appear on Larry King, the Equal Opps rule doesn't apply -- there has always been an exception for "bona fide newscasts" and "bona fide news interviews".

[karynnj]

10. Not to mention, they can run "documentaries"

that either are puff pieces for the candidate or smear pieces on the candidate they don't like. In 2004, the SBVT made an hour long documentary that they called "Stolen Honor", which smeared Kerry. Economic pressure, not the law, kept the Sinclair chain of TV stations from playing it as planned - but it did get some air time. (In addition, how many times did CNN play their biography of GHWB that concentrated on him being a war hero.)

[merh]

11. No, the Equal Time rule of the FCC has been a staple of political

campaigns, it is so that one candidate cannot get better air time than another.

[MadBadger]

6. Hasnt Obama been on Larry King before?

[Kurt_and_Hunter]

7. Do you have reliable information that CNN is not airing the 30 minute Obama show for free?

[ieoeja]

12. WTF? Is that the newest rightwing conspiracy theory? n/t

[Captiosus]

9. The Equal Time Rule is full of loopholes

Loopholes which make it all but unenforceable in today's modern mass media:

However, there are four exceptions: if the air-time was in a documentary, bona fide news interview, scheduled newscast or an on-the-spot news event the equal-time rule is not valid.

a) "If the airtime was in a documentary." - So Fox News can produce a free, hour long documentary about John McCain and make the entire second half of it his talking points and load it with campaign advisers. It's a documentary so they're immune to giving equal time under this rule to Obama.

b) "Bona fide news interview" - Put Sean Hannity in a room, ask one question then let McCain ramble for half an hour. That qualifies it as an "interview", but the result is the same: Free campaign talking points time for McCain and no recourse for Obama.

The only thing this rule has done in recent times has been get Fred Thompson ousted as "District Attorney" on Law & Order because the networks showing it could not show him, even in character, when he was a political candidate. For that I am eternally grateful. However, it does NOT promote equal time between the candidates because it can be easily exploited.

The Fairness Doctrine needs to be reestablished, with parts of the Equal Time Law incorporated into it (minus the loopholes), and then be codified into law. The lack of a Fairness Doctrine, along with this rendition of the Equal Time Law, is the precise reason Fox News Channel exists. They know they can be right wing ideologues and not have to give any kind of time or consideration to their opponents. It does a grave disservice to the American public.