The Federal Communications Commission is investigating ABC’s “The View” over possible violations of the requirement that broadcast stations give equal time to political candidates when they appear on-air, according to the head of the agency that oversees U.S. broadcast airwaves.
“The FCC has an enforcement action underway on that,” Chairman Brendan Carr told reporters after an agency meeting Wednesday, in response to a question about whether there were an investigation into the daytime series over potential violations of the “equal time” rule. “And we’re taking a look at it.”
James Talarico, a Democratic candidate for the Senate in Texas, appeared on “The View” on Feb. 2. U.S. Rep. Jasmine Crockett, who is running against Talarico for the nomination, has also been on the show.
The Trump administration has taken steps to clamp down on talk shows, which the FCC has suggested may be “motivated by partisan purposes.” Earlier in the week, late-night host Stephen Colbert said CBS executives had pulled an appearance by Talarico on his program over fears it ran afoul of equal time provisions.
The FCC issued new guidance in January to late-night and daytime hosts that they needed to give political candidates equal time. There are exceptions to the rule, including for newscasts, “bona fide” interview programs, and coverage of live events or documentaries. Carr has raised questions about the talk show exemption and whether it should stand.
“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,” according to the agency’s public notice last month.
Carr, a Trump appointee, suggested last year that investigating “The View,” whose hosts have frequently been critical of the Republican president, might be “worthwhile.”
The FCC has not responded to a message seeking comment on “The View” or Colbert’s show.
On Wednesday, Carr said watching the fallout from Colbert’s characterization of what happened with Talarico “was probably one of the most fun days I’ve had in the job,” adding that the candidate “took advantage” of media attention ”apparently for the purpose of raising money and getting clicks.”
The equal time provision applies only to broadcast, not streaming or internet programs. Colbert later posted the Talarico interview to YouTube, where it’s been viewed more than 7.5 million times — several times what the comic’s CBS program draws each night.
Talarico reported that he had raised $2.5 million in campaign donations in the 24 hours after the Colbert interview.
A spokesperson for “The View” on Thursday declined to comment on Carr’s statement.
CBS says Colbert was provided “legal guidance” that broadcasting the interview with Talarico could trigger the equal time rule. Colbert said on his show Tuesday night that while Carr said in January he was thinking about getting rid of the exemption for late-night talk shows, “CBS generously did it for him.”
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