Campaigns & Elections' Political Broadcast Manual - March 2008 - (Page 18)

the inclusion of a candidate in a brief group shot of six people to be so quick as to elude identification. Note:The foregoing governs whether a use has occurred; once it has, federal candidates are required to appear, by voice and/or image. Note, however, the following exceptions that are not considered uses: • • • Broadcasts by American political candidates on foreign stations received in the U.S. Broadcasts by incumbents before public announcement of their candidacy for reelection (since the definition of a legally qualified candidate requires a public announcement or formal filing). Broadcasts by supporters of a legally qualified candidate, since only personal appearances by the candidate will qualify. (However, the “Zapple” doctrine, discussed in section VII, entitles supporters to comparable time.) Otherwise, all positive appearances by legally qualified candidates on non-exempt programs are uses. It is immaterial whether or not a candidate discusses his or her candidacy during any appearance. To take some extreme examples: • • • • • • A candidate’s appearance on a network variety show was a use. PSAs read by a candidate were uses. A minister’s continued appearances on his church’s regular Sunday program were deemed uses once he became a legally qualified candidate for public office. A judge’s appearance as an expert on a panel of a public affairs discussion program was a use when the judge became a legally qualified candidate for reelection. Commercials regularly voiced by the sponsor’s owner became uses upon announcement of his candidacy. A television station screening the film Bedtime for Bonzo during the 1966 California Gubernatorial race resulted in equal opportunities to Ronald Reagan’s opponent, candidate Edmund G. “Pat” Brown. On-Air Employees Special concern arises when an on-the-air employee decides to run for public office. All on-the-air appearances by station employees who have qualified as candidates become “uses” triggering equal opportunity responsibilities. When faced with an employee-candidate situation, a station might propose to each legally qualified opposing candidate a schedule of free spots or programs in lieu of the equal opportunities to which they would otherwise be entitled. Opposing candidates, however, have no obligation to grant waivers of their full equal opportunity rights, and absent such a voluntary agreement a use would be triggered every time a candidate employee appears on the air. Thus, to avoid equal opportunity obligations, a station might be forced to require an employee-candidate to take a furlough from on-the-air activities for the duration of his or her campaign. IV. Exempt Programs In 1959, the Communications Act was amended to exempt from the definition of a “use” appearances by legally qualified candidates on certain categories of programs. A candidate’s appearance on an exempt program will not trigger “equal opportunity” rights by his or her opponents. The four categories of exempt programs are: • • • • bona fide newscasts, bona fide news interviews, bona fide news documentaries, and on-the-spot coverage of bona fide news events. 18 « March 2008

Table of Contents Feed for the Digital Edition of Campaigns & Elections' Political Broadcast Manual - March 2008

Campaigns & Elections' Political Broadcast Manual - March 2008 Contents Introduction – The Scope of the Political Broadcasting Rules “Legally Qualified” Candidates Reasonable Access “Uses” of Broadcast Facilities Exempt Programs Requests for Equal Opportunities Equal Opportunities Lowest Unit Charges The Disclosure Censorship of Uses Sponsorship Identification Political File Contents Access to the Political File The Fairness Doctrine Political Editorials Personal Attacks Issue Advertising News Distortion Conclusion

Campaigns & Elections' Political Broadcast Manual - March 2008

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