The equal-time rule (
47 U.S. Code § 315 - Candidates for public office) 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, it must offer the same amount of time on the same terms (in, say, prime time) to an opposing candidate.
Details
This rule originated in §18 of the
Radio Act of 1927
The Radio Act of 1927 (United States Public Law 632, 69th Congress) was signed into law on February 23, 1927. It replaced the Radio Act of 1912, increasing the federal government's regulatory powers over radio communication, with oversight vested ...
which established the
Federal Radio Commission
The Federal Radio Commission (FRC) was a government agency that regulated United States radio communication from its creation in 1927 until 1934, when it was succeeded by the Federal Communications Commission (FCC). The FRC was established by ...
; it was later superseded by the
Communications Act of 1934
The Communications Act of 1934 is a United States federal law signed by President Franklin D. Roosevelt on June 19, 1934, and codified as Chapter 5 of Title 47 of the United States Code, et seq. The act replaced the Federal Radio Commission w ...
, with the FRC becoming the FCC, the
Federal Communications Commission
The Federal Communications Commission (FCC) is an independent agency of the United States government that regulates communications by radio, television, wire, internet, wi-fi, satellite, and cable across the United States. The FCC maintains j ...
. 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
debate
Debate is a process that involves formal discourse, discussion, and oral addresses on a particular topic or collection of topics, often with a moderator and an audience. In a debate, arguments are put forward for opposing viewpoints. Historica ...
s 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
The League of Women Voters (LWV) is a nonpartisan American nonprofit political organization. Founded in 1920, its ongoing major activities include Voter registration, registering voters, providing voter information, boosting voter turnout and adv ...
. 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
''Entertainment Tonight'' (or simply ''ET'') is an American Broadcast syndication, first-run syndicated news broadcasting news magazine, newsmagazine program that is distributed by CBS Media Ventures throughout the United States and owned by Par ...
'', are also declared exempt from the rule by the FCC on a case-by-case basis.
*Advertisements: if a candidate has more money than an opponent, they can still get more time on the public airwaves without their ads counting towards the equal time rule.
When candidates for office have careers in media, the rule can affect previously produced material. When
Ronald Reagan
Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was an American politician and actor who served as the 40th president of the United States from 1981 to 1989. He was a member of the Republican Party (United States), Republican Party a ...
and
Donald Trump
Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who is the 47th president of the United States. A member of the Republican Party (United States), Republican Party, he served as the 45 ...
ran for president, television networks did not broadcast films or programs they appeared in.
Localized invocations of the rule apply in elections for lower office, with television stations revising their schedules if they broadcast within the state or district where the candidate in question is running.
[
The equal-time rule was suspended by Congress in 1960 to permit the Kennedy-Nixon debates to take place.
]
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.
References
Footnotes
Bibliography
Communications Act of 1934, § 315; codified at 47 U.S.C. § 315
Radio Act of 1927
Further reading
*
*
External links
in The Museum of Broadcast Communications
in ''Issues of Democracy''
2009-10-31)
{{Authority control
Political mass media in the United States
United States communications regulation
Broadcast law
Federal Communications Commission
1927 establishments in the United States