"The Late Show With Stephen Colbert" was not prohibited from airing an interview with a Democrat U.S. Senate candidate on Monday, but was advised the broadcast could violate Federal Communications Commission equal time rules, CNN reported Tuesday.
Colbert told his audience Monday night that CBS attorneys intervened before an interview with James Talarico, a candidate in the Democrat U.S. Senate primary in Texas, could air.
"We were told in no uncertain terms by our network's lawyers, who called us directly, that we could not have him on the broadcast," Colbert said.
But CBS said in a statement Tuesday afternoon, according to CNN, that "Late Show" "was provided legal guidance that the broadcast could trigger the FCC equal-time rule for two other candidates, including Rep. Jasmine Crockett, D-Texas, and presented options for how the equal time for other candidates could be fulfilled."
Crockett is challenging Talarico for the Democrat nomination.
CBS said the show "decided to present the interview on its YouTube channel, with on-air promotion, rather than potentially providing the equal-time options."
The network said Colbert's commentary claiming he wasn't allowed to show Talarico's picture was part of a promotion of the show's YouTube channel.
In January, the FCC issued guidance reminding broadcast television stations that they must comply with the federal equal time requirement when airing programming that features legally qualified political candidates, unless a valid exemption applies.
The FCC regulates local broadcast television stations, including those owned and operated by networks such as CBS.
The guidance emphasized that entertainment programs, including late-night and daytime talk shows, are not automatically exempt from equal time rules, particularly if their content is motivated by partisan purposes.
Under Section 315 of the Communications Act of 1934, if a broadcast station allows a legally qualified candidate to "use" its facilities, it must provide equal opportunity to other legally qualified candidates for the same office.
"Equal time" does not mean identical time, but rather comparable time and placement.
Stations must place records of free candidate appearances in their online political file as soon as possible.
Opposing candidates can then request equal opportunities.
The rules apply only to broadcast television stations, not cable or other distribution platforms, which explains why the Talarico interview aired on the show's YouTube channel.
Congress in 1959 created limited exemptions for candidate appearances on bona fide newscasts, interviews, and documentaries, if the appearance is incidental, or on-the-spot coverage of bona fide news events.
To qualify, a program must be genuinely news-driven, not intended to advance or harm a candidate.
Michael Katz ✉
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.
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