The Federal Communications Commission issued guidance on January 21, 2026, stating that late-night and daytime television talk shows may not qualify for exemptions from the equal time rule when featuring political interviews. This could require broadcasters to provide equal airtime to opposing candidates. The move has drawn criticism from Democratic commissioner Anna Gomez as an attempt to censor speech.
On January 21, 2026, the FCC's media bureau released a statement cautioning that programs such as 'The View' and 'The Tonight Show' might not be considered bona fide news programming, potentially subjecting them to the equal time provision of the Communications Act. This rule aims to prevent partisan use of public airwaves by mandating equal opportunities for political candidates.
'The FCC has not been presented with any evidence that the interview portion of any late night or daytime television talk show program on air presently would qualify for the bona fide news exemption,' the bureau stated.
The guidance comes amid concerns over political bias in entertainment formats. FCC Chairman Brendan Carr has previously criticized late-night shows for partisanship, including a September 2025 threat following a Jimmy Kimmel monologue that resulted in Disney suspending the show. The conservative Media Research Center reported that since 2022, 97% of political guests on late-night programs were left-leaning, with 35 Democratic interviews in the past six months and none featuring Republicans.
Historically, the bona fide news exemption was extended to daytime and late-night shows starting in 1984 with 'Donahue,' and in 2006, the FCC ruled that an interview with then-candidate Arnold Schwarzenegger on 'The Tonight Show with Jay Leno' qualified, citing independent news judgment. However, the recent guidance notes that circumstances have evolved, with a footnote observing that Leno no longer hosts, and emphasizes case-by-case determinations rather than blanket exemptions.
Democratic commissioner Anna Gomez dissented, describing the action as 'an escalation in this FCC’s ongoing campaign to censor and control speech' and urging broadcasters not to self-censor due to intimidation. She affirmed that existing policies allow such shows to exercise news judgment, adding, 'The First Amendment does not yield to government intimidation.' The FCC encouraged uncertain broadcasters to seek declaratory rulings.
The rule's application was highlighted in 2024 when Kamala Harris's 'SNL' appearance prompted NBC to offer equal time to the Trump campaign via an ad.
