What is the “equal time” rule that Colbert says prompted CBS to pull his interview with Tallarico?

Stephen Colbert’s comments that network executives pulled his interview with Texas Democratic Senate candidate James Talarico over concerns that he violated regulatory guidance from the Trump administration has sparked a conversation about the rules governing how the media handles political coverage.

The concern about the interview, which the late-night host noted on his show Monday night and later posted in its entirety online, stems from a requirement that broadcast stations give equal time to political candidates when they appear on the air.

He watches: After Colbert says CBS interview blocked, FCC commissioner considers ‘equal time’

Although there are multiple exceptions to the provision, the Trump administration through the Federal Communications Commission — which regulates the nation’s airwaves — is moving to specifically clamp down on programs like Colbert’s, which the agency has suggested may be “driven by partisan purposes.”

“He was supposed to be here, but our network lawyers, who contacted us directly, told us in no uncertain terms that we could not allow him to air,” Colbert said on “The Late Show with Stephen Colbert.”

In a statement on Tuesday, CBS said Colbert’s show “obtained legal guidance that the broadcast could trigger the FCC’s rule on equal time for other candidates” in the March 3 Democratic primary, “and presented options for how to achieve equal time for other candidates.” After that, the network noted that it was decided to “present the interview via its YouTube channel with on-air promotion in the broadcast rather than providing equal time options.”

Tallarico, a critic of President Donald Trump, posted a roughly minute-long clip of his interview with Colbert on Channel X and called it “the interview Donald Trump didn’t want you to see.”

What does equal time mean?

The Communications Act of 1934, the wide-ranging legislation that for nearly a century has largely governed the use of the nation’s airwaves, includes a provision that applies specifically to coverage of political candidates. If a station grants airtime to one candidate, the same station must offer similar airtime to other candidates competing in the specific contest, if they so request.

It also delves into the campaign’s advertising airtime sold by stations and networks. If a station sells airtime to one candidate, it must also offer to sell the same amount of time to other candidates for the same position.

There are exceptions to this rule, including “bona fide” newscasts and interview programs and live event coverage or documentaries. But if the candidates host television shows or appear on non-news entertainment programs, this triggers this requirement.

Equal time also applies to television and radio broadcasts only. So pieces on cable, streaming services or social media are not included.

How the Trump administration handled equal time

The rule requiring networks to give equal time to political candidates has not traditionally been applied to talk shows, but the Trump administration has taken steps to change that.

In January, the FCC issued new guidance warning late-night and daytime hosts that they needed to give political candidates equal time, with FCC Chairman Brendan Carr questioning the talk show exemption and positing that the hosts were “motivated by partisan purposes.”

“No evidence has been provided to the FCC that the interview segment of any late-night or daytime television talk show currently on the air would qualify for the real news exemption,” the public notice said.

FCC eyes talk shows like ‘The View’

The notice also said that television networks would need to apply for exemptions for individual programs.

In his comments, Colbert noted that the equal time requirement applies to streaming platforms, not live broadcasts. Subsequently, his roughly 15-minute interview with Talarico was posted on Colbert’s show’s YouTube page, with the host specifically noting that the clip was only appearing online and not on broadcast.

Carr, who was appointed by Trump to lead the agency last year, has often criticized network talk shows, suggesting last year that an investigation into ABC’s “The View” — whose hosts have repeatedly criticized Trump — over the waiver might be “useful.”

The FCC did not immediately respond to messages seeking comment on Tuesday.

What about the principle of justice?

This rule, created by the Federal Communications Commission (FCC) in 1949, requires broadcasters to present contradictory viewpoints when covering important and controversial public issues. Unlike the equal time provision of the Communications Act, this was an FCC rule, not a law.

This does not apply to political candidates specifically, but rather to topics. This doctrine was upheld by the United States Supreme Court on a First Amendment challenge in 1969, with the court writing that the limited availability of broadcast spectrum justified regulation.

In 1987, the FCC rescinded the rule, arguing that spectrum scarcity was no longer a problem, and then-President Ronald Reagan vetoed Congress’ attempt to codify it into law.

Associated Press reporter David Bauder contributed to this report.