‘Equal time’: FCC puts on notice talk shows that interview favorite candidates

Broadcast talk shows in recent years have been the domain of Democrats and other leftists.

Nary a GOP candidate or talking point has been allowed on shows like Jimmy Kimmel’s, or ABC’s “The View,” or others.

But they all are using publicly owned airwaves and technically, under the law, they’re supposed to provided equal time for opposing views.

Now they’re on notice that’s no longer an option for them:

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.

Today, the FCC reminded them of their obligation to provide all candidates with equal opportunities pic.twitter.com/sWiQmqQHCq

— Brendan Carr (@BrendanCarrFCC) January 21, 2026

The FCC says that daytime and late-night TV talk shows featuring interviews with political candidates must comply with “equal time” rules, which require them to provide airtime to opposing candidates’ views. https://t.co/qKnJVVTvtl

— NBC News (@NBCNews) January 22, 2026

The New York Post explained the Federal Communications Commission said it will step up enforcement of politically driven daytime and late-night programming to ensure equal treatment for both sides of the aisle.

Major networks have been handed guidance for their compliance with the Communications Act of 1934’s “statutory equal opportunities requirement.”

It demands broadcast stations provide equal access for legally qualified candidates, regardless of political affiliation.

“The law states that if a broadcaster allows one eligible candidate to appear or use its facilities, it must offer the same chance to every other eligible candidate for that office,” the Post reported.

FCC’s warning included: “A person is a legally qualified candidate for purposes of the FCC’s equal opportunities or equal time rule if they meet certain requirements, including having publicly announced their intention to run for office and qualifying under applicable state or federal law to hold the office being sought.”

There’s an old case precedent that allows for “bona fide” exemptions for news programming, but the FCC now has confirmed it has not been provided evidence that any “late night or daytime talk shows” now can meet that standard.

It was in 2006 when the FCC said an interview on “The Tonight Show with Jay Leno,” featuring then-California gubernatorial candidate Arnold Schwarzenegger, could go on without also inviting his Democratic opponent.

But in a four-page notice on Wednesday, the FCC said it is “not the case” that all late-night and daytime entertainment shows are exempt. The regulator said it decides whether the exemption applies on a case-by-case basis, and it “has not been presented with any evidence” that interviews on those shows qualify for the news exemption.

FCC Commissioner Anna M. Gomez said, “Nothing has fundamentally changed with respect to our political broadcasting rules. … The FCC has not adopted any new regulation, interpretation, or Commission-level policy altering the long-standing news exemption or equal time framework.

“For decades, the Commission has recognized that bona fide news interviews, late-night programs, and daytime news shows are entitled to editorial discretion based on newsworthiness, not political favoritism.”

The announcement does, in fact, indicate a change in enforcement.

FCC Chair Brendan Carr doubled down on the statements in a post on X, writing, “For years, legacy TV networks assumed that their late night and daytime talk shows qualify as ‘bona fide news’ programs — even when motivated by purely partisan political purposes.”

The Post report noted, “A Media Research Center study conducted in December found that ‘The View’ hosted 128 liberal guests throughout 2025, while inviting only two conservatives — actress Cheryl Hines, who is married to Health and Human Services Secretary Robert F. Kennedy Jr., and former Republican Georgia Rep. Marjorie Taylor Greene.”

The report noted another study of “Jimmy Kimmel Live!,” “Late Night with Seth Meyers,” “The Tonight Show Starring Jimmy Fallon,” “The Late Show with Stephen Colbert,” and “The Daily Show,” found that 99% of late-night guests were liberals during the final six months of 2025.