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Content Regulations - Broadcasting |
SEC. 315: EQUAL TIME [OPPORTUNITY] RULE
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Content Regulations - Broadcasting |
SEC. 315: EQUAL TIME [OPPORTUNITY] RULE
FOX Petition - Presidental Candidates
When a broadcaster permits one legally qualified candidate for a public office to use its facilities, it must afford equal opportunity for all such legally qualified candidates for the same office.
USE OF FACILITIES
CANDIDATES FOR THE SAME OFFICE
EQUAL OPPORTUNITY
NO OBLIGATION TO NOTIFY CANDIDATES OF USE.
SECTION 312: CANDIDATE ACCESS RULE
A Broadcaster must allow reasonable access or permit the purchase of a reasonable amount of time...by a legally qualified candidate for federal elective office on behalf of his candidacy.
REASONABLE ACCESS OR PURCHASE OF TIME
FEDERAL CANDIDATES
In 1999, the District of Columbia Court of Appeals found the Personal Attack and the Political Editorials rule to be in conflict with the First Amendment and ordered the FCC to eliminate the rules.
RTNDA v. FCC, 229 F. 3d 269 (D.C. Cir 2000)
PERSONAL ATTACK RULE
When an individual is the subject of an attack upon her honesty, character, integrity or like personal qualities, the licensee shall:
(1) Notify the subject of the attack
(2) Provide a tape or other accurate summary of the attack if tape is not available.
(3) Offer a reasonable opportunity to respond over the licensee's station.
POLITICAL EDITORIALS
When a broadcaster opposes a legally qualified candidate or endorses a candidate's opponent it must meet personal attack obligations. If broadcast is within 72 hours of election, notification must take place prior to broadcast.
