What is equal time?
If the California recall election were a circus, as some like to think it is, the Federal Communications Commission (FCC) could be the ringmaster. Television viewers and election analysts have been amused by the list of celebrities, social butterflies, pornographers, assorted freaks and political has-beens that were certified as candidates for governor this week. Equally as silly is the FCC-enforced law that purports to give each of the 135 candidates equal time on broadcast media. Luckily, the legal loopholes are big enough for even Conan the Barbarian to slip through.
There are several gray areas that make equal time no simple matter to enforce. The legalese of the definition of what constitutes air time is not even straightforward because it rests on an appearance being "identifiable" — a condition that leaves a lot of room for serious legal challenges. For example, at some point in "The Terminator," the face of Arnold Schwarzenegger's character gradually peels off to reveal that he is an android. When Mr. Schwarzenegger is identifiable as the California gubernatorial candidate and when he becomes the evil robot underneath the skin would have to be determined by the FCC. Similarly, the law does not make clear whether candidate Gary Coleman's guest appearances as a cartoon on "Family Guy" and "The Simpsons" qualify as identifiable appearances. These are important questions, as equal time cannot be allotted to competitors who make a request without an accurate measurement of how many minutes the others spent on the air.
Much of the confusion in the law is intentional. The provision, which is part of the 1986 Telecommunications Act, was written by congressmen who have a direct stake involved in maximizing their air time while minimizing that of their challengers. In reality, equal time was a populist gesture to make it look as if the proverbial little guy can take on a political Goliath with equal access to the media. The five exceptions for newscasts, news interviews, on-the-spot news coverage of breaking events, political conventions and some documentaries guarantee that elected officials rarely violate the equal-time rule no matter how many hours their lovely faces appear on screen. And given that almost 90 percent of television viewers have cable or satellite — which are not restricted by the equal-time law — it is our view that too much time has been focused on equal time already. |
