Theequal-time rule (47 U.S. Code § 315 - Candidates for public office[1]) 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.[2]
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, politicaldebates 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 theCommission on Presidential Debates, a state broadcaster's association, a newspaper independent of a television station/network, or theLeague of Women Voters. 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 fromsyndicators, such asEntertainment Tonight, are also declared exempt from the rule by the FCC on a case-by-case basis.[3]
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. WhenRonald Reagan andDonald Trump ran for president, television networks did not broadcast films or programs they appeared in.[4] 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.[4][5]
The equal-time rule was suspended by Congress in 1960 to permit theKennedy-Nixon debates to take place.[6]
The equal-time rule should not be confused with the now-defunctFCC fairness doctrine, which dealt with presenting balanced points of view on matters of public importance.
TheZapple 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.[7]
