FCC reignites debate over whether ABC’s The View qualifies as news

The US Federal Communications Commission has issued a public notice seeking opinions on whether ABC’s The View qualifies as a “bona fide news interview program” under the equal-time rule. The proceeding, driven by FCC Chairman Brendan Carr, questions whether the show’s format and participant selections are based on newsworthiness or partisan intent. ABC has petitioned against the review, arguing the FCC is overstepping its authority and violating First Amendment rights, citing a 2002 FCC determination that already granted the show exemption status. Democratic Commissioner Anna Gomez criticised the move as targeted harassment of an administration critic.

The FCC Media Bureau’s public notice invites the public to comment on whether The View’s decisions on show format and participants are “based on newsworthiness or on an attempt to oppose or support particular candidates within the meaning of FCC precedent.” The equal-time rule requires equal time for opposing political candidates on non-news programming, a regulation the FCC states exists to prevent broadcast stations from unfairly favouring one candidate over another. The notice explicitly asks whether the show’s operations align with these statutory goals or if they represent an effort to advance specific political agendas.

ABC has filed a petition arguing that the FCC is overstepping its authority and violating First Amendment rights. The broadcaster cited a 2002 FCC determination that granted the show exemption status, maintaining that the ruling remains in full force. ABC’s filing outlined a three-part test used to determine bona fide news status: regular scheduling, broadcaster or independent producer control, and decisions based on newsworthiness rather than intent to advance or harm a candidacy. The network contends that The View meets these criteria and that the current review ignores decades of consistent regulatory practice.

The FCC’s Media Bureau has described the 2002 determination as “a letter from an FCC staffer,” a characterization ABC disputes. The network argues the document was a “Declaratory Ruling from the Mass Media Bureau” that has remained unchallenged and unchanged since its issuance. This disagreement over the legal weight of the 2002 document forms a central point of contention in the ongoing dispute, with ABC insisting the show retains its qualified status under applicable legal standards.

Democratic Commissioner Anna Gomez criticised the move as targeted harassment of an administration critic. She stated that the FCC is using “mob rule” to target an outlet that has been critical of the current political leadership. Gomez urged Disney not to flinch, suggesting that the commission has already made up its mind and is seeking agreement from pro-censorship partisan allies rather than conducting an impartial review of the regulatory facts.

The docket has already received dozens of comments, with most arguing The View is not a real news show. However, one commenter noted the investigation is “misguided and unfounded,” particularly as it did not stem from a formal complaint regarding The View violating the equal time provisions. The FCC has set a deadline of June 22 for initial comments and July 6 for reply comments, leaving the industry to watch how this proceeding may reshape the application of the equal-time rule.

The FCC proceeding also invites public comment on whether the equal-time rule itself is constitutional, specifically regarding its impact on editorial decisions. ABC’s petition argued that the rule raises profound First Amendment concerns by imposing limits on editorial decisions about which guests to feature. The broadcaster asserted that without the robust bona fide news exemption applied for decades, the equal opportunities rule could not survive constitutional scrutiny.

The Media Bureau’s public notice responded to ABC’s constitutional argument by asking for public comment on whether the federal equal opportunities statute passes relevant constitutional scrutiny, either as a general matter or as applied to The View. This broader question expands the scope of the proceeding beyond the specific status of one talk show to potentially challenge the foundational legal framework governing political broadcasting in the United States.