Headline CNN: Source: ABC Wants Kimmel Back, But He Has To Lower the Temperature

[MrWowWow]

21. ABC and FCC: Freedom of Speech for TeeVee Talk Show Hosts

Talk show hosts on ABC are bound by:

FCC Rules:
* No obscenity ever
* Limits on indecency/profanity (6 a.m.–10 p.m.)
* Equal-time obligations for political candidates
* Sponsorship disclosure.

ABC Rules:
* ABC sets editorial, accuracy, and conduct standards
* Contracts often include “morals clauses.”

Law: They can’t defame people; the First Amendment stops government censorship, not ABC from enforcing rules.

For broadcast talk shows on ABC (or any U.S. broadcaster), the controlling federal law is the Communications Act of 1934, as amended by the Telecommunications Act of 1996. That law authorizes the FCC to regulate broadcast content.

Key statutory points:

47 U.S.C. § 326: Forbids the FCC from censoring broadcasters, but allows regulation of obscene, indecent, and profane content.

18 U.S.C. § 1464: Makes it unlawful to utter any obscene, indecent, or profane language by means of radio communication (applies to TV too).

47 U.S.C. § 315 (Equal Time Rule): Requires broadcasters who give airtime to one legally qualified political candidate to afford equal opportunities to others.

47 U.S.C. §§ 317, 508: Require disclosure of sponsorships and prohibit payola/plugola.


Everything else (like editorial balance or “fairness”) is governed by network policy, not federal statute, since the Fairness Doctrine was repealed in 1987.