TV talk: Broadcasters warn their viewers before broadcasting political commercials

In recent weeks, television networks have aired content warnings about airing political commercials with anti-trans messages and about commercials with graphic images for a little-known anti-abortion presidential candidate, particularly during sporting events and news programs.

“The following political advertisement contains graphic images that may disturb viewers,” reads a warning that aired on Fox. “Federal law requires Fox Broadcasting and all broadcast networks to accept and broadcast political advertisements for legally qualified federal candidates for public office that they sponsor.”

A similar warning was placed about a graphic anti-abortion ad in the name of presidential candidate Randall Terry on ABC during “The View” and “World News Tonight” as well as during Fox's coverage of the World Series.

The warnings about the advertisement reflect Federal Communications Commission rules that say the same thing: Regardless of how viewers feel about the advertisement, broadcasters and television networks have no choice but to broadcast it on television, even if the advertisement contains offensive images and contains untrue messages.

Representatives for Fox and ABC did not respond to questions about the warnings about the ad, but WTAE-TV is sending an email to viewers who have filed complaints about Terry's ad, stating: “Unfortunately, federal law limits the options in this case WTAE-TV,” and the ABC network’s ability to reject or censor federal candidate ads based on the content of the ad. This is the case even if the content of the candidate's ad is offensive, graphic and disturbing to many viewers.

“Please know that we did not like having to air the difficult-to-watch commercials you saw on 'The View,'” the letter continued. “However, our legal counsel has informed us that Randall Terry is a legally qualified presidential candidate standing in at least 10 states. Accordingly, we have been informed that Mr. Terry is legally entitled to purchase time on the ABC network and also on our local station and we must run these advertisements without censoring or altering the content in any way.

“This puts us in a difficult position, but of course we have to comply with our legal obligations – and that is why you saw the ad,” the letter concludes.

A web search shows that many television stations across the country are running the warnings ahead of Terry's ad, with a veteran television executive explaining that while the warnings are rare, they are permitted by the FCC. The disclaimers are also an attempt to separate the network's brand from the ad. (While television stations/networks are required to run candidate ads, they may choose to reject ads from third-party advertisers, non-candidate organizations and PACs.)

The anti-trans ad promotes the candidacy of Republican presidential candidate and former President Donald Trump and criticizes his rival, Democratic candidate and Vice President Kamala Harris, for supporting gender-equitable care for incarcerated transgender people, including surgical procedures when medically necessary.

The anti-trans ads continue to air in swing state TV markets, even as trans issues rank low in Americans' concerns in recent polls. ABC News reports that there have been only two gender-affirming surgeries for federal prisoners since February 2018, when a Bureau of Prisons congressional budget filing document issued during Trump's presidency noted that inmates who self-identify as transgender identified and examined individually for psychosocial and medical needs.

Networks that air disclaimers before anti-trans ads may just be showing good business sense: A 2022 Pew Research Center study found that 64% of Americans support protecting trans people from discrimination.

Channel surfing

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