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Equal-time rule

The equal-time rule 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 in prime time, it must offer the same amount of time on the same terms to an opposing candidate.[1]

Details

This rule originated in §18 of the Radio Act of 1927 which established the Federal Radio Commission; it was later superseded by the Communications Act of 1934, with the FRC becoming the FCC, the Federal Communications Commission.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.
  • 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/network, or the League of Women Voters. Consequently, these debates usually include only major-party candidates without having to offer airtime to minor-party or independent candidates, or inflammatory candidates who intend only to disrupt the proceedings.
  • Talk shows and other regular news programming from syndicators, such as Entertainment Tonight, are also declared exempt from the rule by the FCC on a case-by-case basis.[2]

The equal-time rule also can prove to disrupt regular entertainment programming. In the past, Ronald Reagan, Arnold Schwarzenegger, and Donald Trump had their past programs and films removed from broadcast as they campaigned for political office. Dr. Mehmet Oz declared his (ultimately unsuccessful) candidacy on November 30, 2021 for the Republican U.S. Senate seat in Pennsylvania, thus forcing television stations in Pennsylvania and surrounding states to drop his daily syndicated talk show from their schedule as part of the equal-time rule, and forcing Sony Pictures Television to line up alternate programming.[3] Continued carriage of an entertainer's programming would have placed those stations in the position of offering the same hour of time to the other competitors in a political race daily, no matter the party. SPT and Oz since decided to discontinue the show entirely, replacing it with The Good Dish, a lifestyle and food show hosted by his daughter Daphne, where he never appeared on an episode.[4]

The equal-time rule was suspended by Congress in 1960 to permit the Kennedy-Nixon debates to take place.[5]

Fairness doctrines

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.[6]

References

Footnotes

  1. ^ Miller, Philip (February 11, 2013). Media Law for Producers. CRC Press. p. 340. ISBN 9781136046025. Retrieved March 24, 2016.
  2. ^ 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.
  3. ^ 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.
  4. ^ Otterson, Joe (December 13, 2021). "'Dr. Oz Show' to End in January as Host Pursues Pennsylvania Senate Run". Variety. Retrieved December 13, 2021.
  5. ^ Pietrusza D. 1960:LBJ vs. JFK vs. Nixon. Union Square Press 2008
  6. ^ 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

  • Communications Act of 1934, § 315; codified at 47 U.S.C. § 315

External links

  • Equal Time Rule in The Museum of Broadcast Communications
  • in Issues of Democracy
  • (Archived February 8, 2019, at the Wayback Machine 2009-10-31)

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For the former cable news show see Equal Time TV program The equal time rule 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 in prime time it must offer the same amount of time on the same terms to an opposing candidate 1 Contents 1 Details 2 Fairness doctrines 3 References 3 1 Footnotes 3 2 Bibliography 4 External linksDetails EditThis 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 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 network or the League of Women Voters Consequently these debates usually include only major party candidates without having to offer airtime to minor party or independent candidates or inflammatory candidates who intend only to disrupt the proceedings Talk shows and other regular news programming from syndicators such as Entertainment Tonight are also declared exempt from the rule by the FCC on a case by case basis 2 The equal time rule also can prove to disrupt regular entertainment programming In the past Ronald Reagan Arnold Schwarzenegger and Donald Trump had their past programs and films removed from broadcast as they campaigned for political office Dr Mehmet Oz declared his ultimately unsuccessful candidacy on November 30 2021 for the Republican U S Senate seat in Pennsylvania thus forcing television stations in Pennsylvania and surrounding states to drop his daily syndicated talk show from their schedule as part of the equal time rule and forcing Sony Pictures Television to line up alternate programming 3 Continued carriage of an entertainer s programming would have placed those stations in the position of offering the same hour of time to the other competitors in a political race daily no matter the party SPT and Oz since decided to discontinue the show entirely replacing it with The Good Dish a lifestyle and food show hosted by his daughter Daphne where he never appeared on an episode 4 The equal time rule was suspended by Congress in 1960 to permit the Kennedy Nixon debates to take place 5 Fairness doctrines EditThe 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 6 References EditFootnotes Edit Miller Philip February 11 2013 Media Law for Producers CRC Press p 340 ISBN 9781136046025 Retrieved March 24 2016 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 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 Pietrusza D 1960 LBJ vs JFK vs Nixon Union Square Press 2008 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 Communications Act of 1934 315 codified at 47 U S C 315 Radio Act of 1927External links EditEqual Time Rule 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 Archived February 8 2019 at the Wayback Machine 2009 10 31 Retrieved from https en wikipedia org w index php title Equal time rule amp oldid 1147311200, wikipedia, wiki, book, books, library,

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