This  past weekend, Democratic presidential candidate Kamala Harris and Virginia’s Democratic senatorial candidate Tim Kaine appeared on NBCUniversal’s (NBC)  Saturday Night Live (SNL). Providing free airtime to Harris and Kaine and failing to provide equal airtime to their respective opponents would violate both federal law and Federal Communications Commission (FCC)  .[1]

The  Equal Time Rule   broadcasting companies to offer equal time to all legally qualified candidates who are competing for an office, if they choose to allow any candidate to freely use their station. It also mandates broadcasting companies provide comparable programming to all  candidates.[2] Congress designed the law to prevent broadcast stations from unfairly influencing elections by only reporting the views of one candidate. The Equal Time Rule provides exceptions for newscasts, news interviews, news documentaries, and on-the-spot coverage of news events, none of which apply to SNL’s content.[3] NBC, therefore, owes broadcast time to Virginia senatorial candidate Hung Cao and the other presidential candidates.

Harris and Kaine are far from the first political hopefuls to appear on SNL during their campaigns. Former President Trump himself hosted the program in 2015 during his first presidential campaign. But these appearances must comply with FCC regulations and other candidates must be afforded the opportunity to exercise their right to equal time. Senior Republican Commissioner of the FCC, Brendan Carr, stated via X that NBC’s actions constitute a “clear and blatant effort to evade the FCC’s Equal Time rule.”[4] Carr argues that allowing candidates to appear on air on the eve of an election violates the seven-day rule.[5] The FCC adopted the seven-day rule to give candidates sufficient time to request comparable media coverage. [6] The appearance of Democratic candidates on SNL three days before the general election makes it impossible for candidates such as Trump or Cao to exercise this right properly.

Providing valuable airtime to both Vice President Harris and Senator Kaine days before an election has resulted in the political gamesmanship that regulations such as the Equal Time Rule and the seven-day rule sought to avoid.

The FCC should address these apparent violations and assess any appropriate penalties, to deter broadcasters from acting in a similar manner again.

[1] 47 U.S.C. § 315.

[2] 47 U.S.C. § 315.

[3] 47 U.S.C. § 315(a).

[4] Brendan Carr (@BrendanCarrFCC), X (Nov. 2, 2024, 9:35 PM), https://x.com/BrendanCarrFCC/status/1852887210330341693.

[5]Brendan Carr (@BrendanCarrFCC), X (Nov. 3, 2024, 6:10 PM) https://x.com/BrendanCarrFCC/status/1853213158510317778.

[6] 47 C.F.R. § 73.1941(c) (2024).