Tag: uneven regulatory treatment

A planned interview between “The Late Show with Stephen Colbert” and Texas State Rep. James Talarico, a Democratic candidate for U.S. Senate, was pulled from broadcast at the last-minute last night (2/16) after CBS executives cited concerns related to federal broadcast regulations.

Colbert talked about the decision during the show’s opening monologue, telling viewers that network attorneys had advised against airing the interview due to potential implications under the Federal Communications Commission’s “equal time” rule. The rule requires broadcast licensees to provide equal opportunities to legally qualified candidates for public office if one candidate is given airtime.

Historically, late-night talk shows have relied on exemptions to the rule, including classifications as “bona fide news interviews” or entertainment programming. However, recent statements from FCC leadership have prompted renewed scrutiny.

FCC Chairman Brendan Carr has indicated that the Commission is reviewing how those exemptions are applied, particularly in the context of high-profile entertainment programs that feature political figures. While no formal rule change has been adopted, CBS reportedly acted out of caution, concerned that airing the interview could trigger equal-time obligations for opposing candidates.

Colbert said CBS had initially instructed him not to reference the decision on air, a directive he chose to disregard. During the broadcast, he explained the network’s reasoning to viewers and criticized the uncertainty surrounding the FCC’s current posture on candidate appearances.

The interview itself was recorded but not broadcast on CBS. Instead, it was released online through The Late Show’s digital platforms. The FCC’s equal-time rules apply to over-the-air broadcasters but do not extend to online streaming or social media platforms, allowing the interview to be distributed outside the broadcast context.

Colbert took the opportunity to point out what he characterized as uneven regulatory treatment across media platforms, noting that political commentary on talk radio continues without comparable intervention. The FCC has not announced any new enforcement actions related to talk radio or late-night television programming.

Neither CBS nor the FCC issued formal statements Monday night addressing the specific decision. Carr has not publicly commented on the Colbert episode but has previously stated that the Commission is obligated to ensure consistent application of federal communications law.

The incident has renewed debate within the media industry over how equal-time rules should apply in a fragmented media landscape where political discourse routinely occurs across broadcast, cable, and digital platforms.