(WASHINGTON)— PEN America today submitted a public comment in response to a Federal Communications Commission proposal questioning whether “The View” should continue to qualify for the “bona fide news” exemption (also known as the “Equal Time Rule”) under the Communications Act of 1934. PEN America’s full public comment is included below.
The comment notes that forcing talk shows to give “equal time” to political candidates raises concerns that extend beyond one television program.. At stake is whether the federal government will use its regulatory authority to pressure, intimidate, or punish media organizations based on viewpoints expressed in programming.
The Equal Time Rule requires that broadcasters provide equal access to competing political candidates. The FCC exempts “bona fide news” programs from that rule. And the FCC has long determined that many talk shows such as “The View” qualify as “bona fide news” programs and are, therefore, exempt from the “Equal Time Rule.” If the FCC changes the designation of “The View” based on disagreement with its viewpoint, it would give the government authority over aspects of its programming and undermine the program’s independence, while setting a precedent of government interference that could impact other TV programs as well.
This FCC proposal comes amid the government’s broader pattern of public attacks, threats, and pressure aimed at news organizations.
The Federal Communications Commission is accepting public comments on this proposed rule through June 22. This is your chance to speak out in defense of free expression and press independence. Here’s how to make your voice heard:
- Go to the FCC comments page. In the “Proceeding(s)” field, specify 26-124.
- Write your comment in your own words. Explain why editorial independence, press freedom, and/or free expression matter to you personally. Authentic, individual comments carry more weight than form letters.
- Raise specific issues of concern. Be sure to include a specific question that you want addressed. If you have multiple questions or topics, you can submit multiple comments into the system. In fact, it’s more impactful if you don’t put multiple topics into a single comment.
- Be respectful and clear. Comments become part of the public record and help show broad public support or opposition. (Note: you can submit your comment anonymously as needed.)
PEN America’s full comment submitted to the FCC is as follows:
To the Federal Communications Commission:
I am writing on behalf of PEN America, the 104-year-old nonpartisan nonprofit that advocates for freedom of expression, to urge the commission to reject efforts to undermine the longstanding “bona fide news” status of ABC’s “The View.”
This proposed change raises concerns that extend well beyond one television program. At stake is whether the federal government will use its regulatory authority to pressure, intimidate, or punish media organizations based on viewpoints expressed in TV and radio programming.
For more than two decades, “The View” has operated under a settled understanding of FCC precedent, which exempts talk shows from the “Equal Time Rule” under the “bona fide news” exception. In 2006, the FCC affirmed talk show host Jay Leno’s ability to interview Republican candidate Arnold Schwarzenegger and in 2022, it also found that “The View” itself was entitled to an exemption. “The View” is not the only program that has relied on FCC’s long-standing guidance. Similar determinations have been made for a range of programs across the ideological spectrum.
The FCC must explain why it is reopening a question that has long been answered. Especially given that this proposal comes amid the government’s broader pattern of public attacks, threats, and pressure aimed at news organizations. When regulators target specific programs after they have drawn the ire of top elected leaders, including the sitting president, the message is that unfavorable coverage could trigger government scrutiny.
Even if no sanction is imposed, such FCC proposals can, in and of themselves, chill speech. The First Amendment prevents government officials from using state power to discriminate based on viewpoint or to influence editorial decision-making.
The FCC’s role is not to act as an arbiter of journalism or acceptable commentary. The agency is not—and should not be—a mechanism through which elected officials can pressure media companies. The commission must reaffirm its longstanding precedent and make clear that it will not intimidate or chill protected speech.
The commission should address the following questions:
What change in law, fact, or circumstance justifies reopening a classification that has been consistently applied for more than 20 years?
What objective, viewpoint-neutral standard is the FCC proposing to distinguish between qualifying and non-qualifying bona fide news programming?
How can broadcasters rely on FCC precedent if settled determinations are subject to revision when programming doesn’t align with the narrative of an administration?
Tim Richardson
PEN America, Journalism and Disinformation program director
About PEN America
PEN America stands at the intersection of literature and human rights to protect free expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible. Learn more at pen.org.
Contact: Suzanne Trimel, [email protected], 201-247-5057