CBS and FCC conspire to stop an interview on Colbert

[Kevin M.]

The law and the precedent are both on the side of broadcasting the interview. The only reason not to is because Federal law has been hobbled. 

https://www.bbc.com/news/articles/cze0dk3yd5eo

Kevin M. (RPCV)

[M-D November]

Question, because this was a point of contention on CNN's ShoutyTable...er, NewsNight last night - is Equal Time a law, or just an FCC rule?  One of the conservative panelists (who looked like he came out of central casting for a mid-90s Scorsese gangster film) kept insisting that it's a law, but is it?

[David Bruggeman]

Equal Time is covered under Title 47, U.S. Code Section 315 (referred to as 'equal opportunities' in the text).

https://www.law.cornell.edu/uscode/text/47/315

There could be FCC regulations/rules associated with this, but I haven't had time this morning to review the Code of Federal Regulations.  The use of rule in common discussions on this subject may be colloquial rather that strictly regulatory.

David

[PGage]

Both are true.

There is a federal law: Title 47 U.S.C. § 315 which establishes the equal‑time requirement.

The FCC Is empowered to interpret relevant federal law and write rules or regulations. 

The current FCC regulation — 47 C.F.R. § 73.1941 — contains four exemptions to the Equal Status law:

1. bona fide newscasts
2. bona fide news interviews
3. bona fide news documentaries (incidental appearances)
4. on‑the‑spot coverage of bona fide news events

Late‑night shows have historically been treated as falling under the “bona fide news interview” exemption, this is what Colbert referred to.

The FCC has recently issued guidance to broadcasters that they should no longer assume late‑night or daytime talk shows qualify for the bona fide news interview exemption, and that stations must be prepared to justify the exemption on a case‑by‑case basis. This increases the likelihood (always a possibility) that appearances by candidates on entertainment talk shows may trigger equal‑time obligations.

The FCC has not issued a new formal rule, but has put stations on notice that the bar for justifying an exception to the Equal Time rule has been raised, which increases compliance risk. And of course it’s Brandon Carr who will ultimately decide whether or not any particular instance is justified.

In the past, the FCC has tended to be liberal with exceptions for late night shows in part, particularly to avoid the appearance of the federal government favoring one type of candidate over another. The current federal government is not constrained by those kinds of concerns.

Sent from Gmail Mobile

--
You received this message because you are subscribed to the Google Groups "TVorNotTV" group.
To unsubscribe from this group and stop receiving emails from it, send an email to tvornottv+...@googlegroups.com.
To view this discussion visit https://groups.google.com/d/msgid/tvornottv/780571375.1221039.1771438082099%40mail.yahoo.com.

[Doug Eastick]

How about if they play saxophone while on the show, does that make it entertainment rather than news?

/Doug
eas...@mcd.on.ca

To view this discussion visit https://groups.google.com/d/msgid/tvornottv/CAKGtkY%2BN9CDsA0s9vJT5B-ej-7ES1BArXdFS%3DqwsgjTMD8EobQ%40mail.gmail.com.

[Bob F]

Chairman Carr was "highly entertained" watching the whole sitch play out, telling reporters Talarico concocted a "hoax" which Steve and CBS fell for:

https://thehill.com/homenews/media/5743930-fcc-brendan-carr-cbs-colbert-talarico-interview/ (link)
And opponent Rep. Crockett -- who has no love for Carr nor Bari Weiss -- thought it was "probably better that he didn't get on [the air] and that they went straight to streaming"... she saw it as "good strategy" given the admin's perceived attempts to stifle its critics:
https://thehill.com/homenews/campaign/5743323-crockett-talarico-colbert-cbs-interview-boost-texas-senate-race/ (link)

B

PGage, to David Bruggeman, M-D November and Kevin M, Feb 18th:

[PGage]

Not sure what Carr found to laugh about, the whole thing was a much more effective political ad and fundraiser for Talarico, and Colbert’s brand with his base, than the small footprint segment would have had if it just aired as usual.

Sent from Gmail Mobile

--

You received this message because you are subscribed to the Google Groups "TVorNotTV" group.
To unsubscribe from this group and stop receiving emails from it, send an email to tvornottv+...@googlegroups.com.

To view this discussion visit https://groups.google.com/d/msgid/tvornottv/97e68044-e9cc-4b22-bbdb-3d4a31767093n%40googlegroups.com.

[Tom Wolper]

Carr, working with the MAGA playbook, isn’t going to admit he was wrong or that he was bested. He said he was thinking about removing the late night exemption to the equal time rule last month and he’s using that to intimidate the networks. CBS caved and Colbert called his bluff. He’s claiming to laugh the whole thing off as a way to save face.

To view this discussion visit https://groups.google.com/d/msgid/tvornottv/CAKGtkYLFnp-5uoVaF%2BA-%2B5V6DkKZonFU5Go_Bh5f5Qj16gY%3DDA%40mail.gmail.com.