Disney Tells FCC that “The View” Qualifies as a Bona Fide News Interview Program and Exempt from Political Equal Opportunities Rules

Under federal law, stations must provide federal candidates for public office with “equal opportunities” to access the station.  One of the key exceptions to this requirement is where the program is a bona fide news interview program.  Earlier this year, the FCC signaled that program like “The View” may not qualify for this exception.

Disney has now filed a Petition for a Declaratory ruling for “The View,” arguing that the program falls within the bona fide news interview exception. The petition noted:

“The View has been broadcasting under a bona fide news exemption granted to it more than twenty years ago, consistent with longstanding Commission interpretations designed to minimize the serious First Amendment problems inherent in the equal time regime.  The View’s exemption remains valid and the constitutional infirmities in the equal time doctrine are even more pronounced today, when the broadcast airwaves account for a slice of the numerous media options through which Americans get their political information.  Indeed, the marketplace of ideas has never been more robust, and people can hear virtually any brand of political commentary by listening to a podcast, watching cable, scrolling social media, or streaming on a phone, computer or connected TV.  The free flow of ideas flourishes on these non-broadcast platforms even though the equal opportunities rule does not apply there.”

This issue is important for all stations. If the FCC tightens its definition of a qualified news interview show, it could affect a number of radio and TV stations that host regular news interview shows during elections.  This issue bears watching.

You can see the Disney's Petition for Declaratory Ruling here.

Our previous story on this topic can be found here.