The Federal Equal Time Rule: Equal Opportunities

Introduction

Every industry and governmental domain involves specific rules and laws by which every person must abide. Among such laws is the federal equal time rule, which states that every candidate who runs for office must have equal opportunities in the context of broadcasting. That said, if the broadcaster sells airtime to one candidate, they must provide the same opportunity for another candidate. Although it is believed that such measures prevent one candidate from using power and influencing the audience, it is argued that such rules lead to violation of the First Amendment and freedom of speech and the freedom of broadcasters to control their airtime. In the example with John Rule, his opponent, Ray Halter, has no right to demand hours of airtime with an equal time rule. John Rule can continue hosting his show during the election since he did not buy airtime, and talk shows, along with news programs from syndicators, are exempt under Section 315 of the Communications Act.

Discussion

In this case, John Rule is running for office along with his opponent Ray Halter. John Rule held pre-scheduled radio sports talk shows broadcasted by the syndicator, and his opponent requested airtime. In this situation, John Rule did not do anything wrong since he was doing his job, and he was mainly correct when claiming that Ray Halter could not buy airtime. According to the exemptions, Ray Halter cannot buy airtime in a syndicate or online radio station that streams online. The first reason for this is that the Federal Communications Commission drastically changed the exemption criteria in 1991 (Simmons, 2022). The exemption limited the usage of a broadcasting station to only those pictures and voiceovers that were approved by a candidate or supported by the campaign committee (Simmons, 2022). Earlier, for instance, a broadcaster had to be required to grant other candidates equal airtime opportunities if it showed a movie in which an opponent appeared as an actor (Simmons, 2022). In this case, John Rule did not talk about his campaign or related matters. The man talked about sports, which cannot give Ray Halter an opportunity to demand airtime.

Another reason why Ray Halter cannot request the equal opportunities rule is due to bona fide exemptions. The phrase bona fide refers to the service’s form, character, and material being based on the network’s due diligence journalistic discretion (Cornell Law School, n.d.). The news programs are particularly excluded from the equal opportunity rule under Section 315 of the Communications Act when lawfully qualified candidates participate in them (Cornell Law School, n.d.). For instance, bona fide newscasts, whether they are created by the licensee or another party, as long as their goal is not to support a certain candidate, are exempt (Cornell Law School, n.d.). Only the topics or participants on legitimate broadcast and interview programs are covered by the exemption, but this does not apply to the on-air stations (Cornell Law School, n.d.). Moreover, under this exemption, Ray Halter will have not only access to WCUT-Fm, but his time will be free due to the equal opportunities policy.

Finally, there are other exemptions from the rule, and they involve syndicators. The Federal Communications Commission additionally declares talk programs and other mainstream news programs from syndicators exempt from the requirement (Cornell Law School, n.d.). Considering that the syndicator broadcasts the talk show to fifty other radio stations, Ray Halter is not eligible for requisition fair airtime. Additionally, the syndicator is mainly focused on the talk show format and is not related to the political field. Therefore, John Rule’s show can stay on the air during the election period since the broadcaster is exempt from the rule based on the bona fide points and the topic of discussion. However, his program must be blacked out in the local area so as to not be perceived as manipulative of the public. Moreover, his sports talk show is scheduled and broadcasted by the syndicator, and considering that the presence on the talk show does not involve political matters, the program is exempt from the rule. Therefore, there is no need to black it out on Internet stations since it is exempt in accordance with bona fide.

Conclusion

Hence, because John Rule did not purchase airtime and talk shows and news programs from syndicators are excluded under Section 315 of the Communications Act, Ray Halter, John Rule’s opponent, does not have the authority to demand hours of airtime. In this instance, John Rule did nothing illegal because he was simply performing his duties, and he was mostly correct in asserting that Ray Halter could not purchase airtime. Ray Halter is prohibited from purchasing airtime on WCUT-FM, syndicated radio, or online radio stations that broadcast content. The first explanation is because of legitimate exclusions, and the program is exempt since it is a one-hour sports discussion show and the candidate did not discuss the office. Based on the schedule, John Rule hosted the program on particular days. Other exceptions to the norm additionally exist, and these include syndicators. The Federal Communications Commission says syndicated talk shows and other major news programs are excluded from the rule.

References

Cornell Law School. (n.d.). 47 U.S. Code § 315 – Candidates for public office. Web.

Simmons, S. J. (2022). The fairness doctrine and the media. University of California Press.