‘Fake news is not getting a free pass anymore’: FCC launches investigation into ‘The View’

The Federal Communications Commission is starting a major investigation into ABC’s daytime show The View. The agency is now strictly enforcing rules that require TV networks to give equal time to political candidates. This shows the FCC is serious about holding networks responsible for political bias, especially on daytime and late-night talk shows.

The investigation started after Texas Democratic Senate candidate James Talarico appeared on the show. He was one of the first politicians to appear on the program since the FCC announced last month that broadcast networks must follow the “statutory equal opportunities requirement.” The FCC is making it clear that shows with heavy political commentary will face consequences.

According to Fox News, an FCC source said, “Fake news is not getting a free pass anymore.” This statement shows how serious the agency is about this crackdown. The main issue involves the “bona fide” exception that has let news programs avoid giving equal time to every candidate. ABC’s parent company, Disney, has not filed any equal-time paperwork for Talarico’s appearance. This means they believe The View counts as real news and does not need to follow the requirement.

Networks can no longer avoid equal time rules by calling shows news programs

But the FCC is changing how it views these programs. The agency has not seen any proof that interview segments on current late-night or daytime talk shows qualify for the “bona fide” news exemption. Networks cannot just call a celebrity chat show “news” and avoid rules anymore. This comes as ABC faces mounting FCC pressure from multiple angles.

The equal opportunity requirement covers every legally filed candidate on a ballot, no matter their political party or how well-known they are. ABC would not just have to offer airtime to Republican Texas Senator John Cornyn or his primary rivals. They would also need to give equal time to Ahmad Hassan, a little-known candidate running against Talarico in the Democratic primary.

The FCC might already flag some problems. Talarico got about nine minutes of airtime in one segment. His top primary rival, Texas Representative Jasmine Crockett, got about 17 minutes across three segments during her appearance last month. Crockett’s interview happened before the FCC announced it was enforcing this policy, but it shows how complicated balancing airtime has become.

FCC Chairman Brendan Carr has defended this policy. He said the law is not new and “goes back to the 1950s.” Carr said, “On my watch, we’re going to enforce this regulation.” Candidates do not have to appear in the same exact program to meet the requirement. Networks can have the candidate appear on another news program or air their campaign ads to make up the time. Other networks have also faced scrutiny, with Trump issuing demands to CBS News regarding interview conditions.