OAN Staff Lillian Mann
5:53 PM – Friday, May 22, 2026
Disney is bargaining with the Federal Communications Commission (FCC) to determine whether “The View” talk show qualifies for an exemption from the statutory “equal time” requirement that applies to broadcast programming.
The “equal time rule” requires broadcast stations to provide equal airtime to legally qualified candidates running for the same office. However, broadcasters have argued that strict enforcement could create significant scheduling burdens, leading Congress to establish a “bona fide news” exemption covering newscasts, documentaries, and news interview programs in 1959.
In a social media post on Friday, Brendan Carr raised the question of whether “The View” qualifies as a “bona fide news interview program.”
“Under FCC case law, TV shows do not qualify as ‘bona fide news’ if their decisions are based on partisan purposes, such as an intention to advance or harm an individual’s candidacy,” Carr wrote. “As the Public Notice observes, Congress originally passed the equal opportunities law to prevent media gatekeepers from deciding the outcome of elections.”
“The law, even when it applies, does not prohibit anyone from having any candidate appear on any show. Rather, Congress intended it to empower voters with more information and encourage more speech,” the post continued.
The petition comes amid an escalating dispute between the FCC and ABC parent company, Walt Disney Co. Last month, the agency ordered Disney to submit early license renewal applications for its ABC television stations, citing an ongoing investigation — just one day after President Donald Trump publicly urged the company to fire host Jimmy Kimmel for making inappropriate comments about the First Lady Melania Trump.
In February, the FCC sent a letter of inquiry to ABC-owned-and-operated station KTRK-TV regarding “The View” and Texas candidate James Talarico’s (D-Texas) February 2nd appearance, asking why no equal-time paperwork had been filed in connection with the appearance. The station maintained that the show’s existing exemption still applied, but in March the FCC directed ABC to submit a petition for a “declaratory ruling.”
In its filing, ABC described the move as “unprecedented,” citing a 2002 FCC decision affirming that “The View” qualifies for the exemption.
While the FCC historically interpreted this exemption broadly to include regularly scheduled late-night and daytime talk shows, the commission issued strict new guidance warning broadcasters that entertainment programs can no longer automatically claim this news exemption if an interview is deemed to be partisan or purely for entertainment.
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