Key Points
- The Federal Communications Commission has ordered an early review of The Walt Disney Company broadcast licenses over its apparent commitment to DEI programs.
- The probe targets ABC-owned stations in major markets despite licenses not yet nearing expiration.
- Critics, including FCC Commissioner Anna Gomez, called the action politically motivated.
The Federal Communications Commission (FCC) under its chairman Brendan Carr has ordered an early review of the Walt Disney Company’s broadcast license renewals over the entertainment giant’s continued commitment to diversity and equity programs.
The move coincides with renewed criticism from the President Donald Trump over a joke made by ABC’s late night talk show host Jimmy Kimmel prior to the White House Correspondent’s Association’s annual dinner on Saturday.
On Thursday, Kimmel lampooned the dinner, which typically sees a comedian roasting the sitting president and members of the press, by delivering a pretend set that used archive footage of the Trumps in various settings.
During the satire roast, Kimmel joked that First Lady Trump had the “glow” of an expectant widow, which he clarified on Monday was meant to poke fun at the age disparity between the Trumps.
On Saturday, a suspected gunman was detained by U.S. Secret Service agents after he tried to infiltrate the ballroom of the Hilton hotel where the annual dinner was taking place. Trump and other guests were evacuated from the event, which was ultimately postponed. A federal law enforcement officer suffered superficial injuries, but no one else was hurt, and the alleged gunman was taken into custody within seconds of the breach.
Two days later, Kimmel’s monologue went viral on social media, prompting the host to address the incident during his show Monday evening.
“Obviously, (it) was a joke about their age difference, and the look of joy we see on her face every time they’re together,” Kimmel said, adding that it was not a call for anyone to assassinate the President and “they know that.”
The order issued by the FCC’s Media Bureau on Tuesday makes no mention of Kimmel’s monologue, only that the agency has undertaken a prolonged investigation of Disney for its continued use of diversity, equity and inclusiveness (DEI) programs since last year.
“The FCC has determined that additional actions are appropriate at this time,” David Brown, the chief of the FCC’s Media Buerau, wrote in the order, pointing to apparent violations of a 1930s-era federal law known as the Communications Act.
The order requires Disney and ABC to renew the broadcast licenses of eight local ABC stations early. Those stations are located in New York City, Chicago, Los Angeles, Philadelphia, San Francisco, Houston, Raleigh-Durham and Fresno.
Many of those stations have licenses that are active for several years, but the FCC says it has the ability under law to call for an earlier renewal of those licenses “as essential to the proper conduct of an investigation.”
A spokesperson for Disney said the company is “confident that record demonstrates our continued qualifications as licensees under the Communications Act and the First Amendment and are prepared to show that through the appropriate legal channels.”
“Our focus remains, as always, on serving viewers in the local communities where our stations operate,” the Disney spokesperson said.
The FCC has given Disney until May 28 to comply with its order.
It is at least the second time that an incident involving Kimmel has prompted FCC action. Last summer, Carr urged ABC affiliates across the country to pre-empt the show two days after Kimmel delivered a monologue that wrongly implied a man accused of assassinating conservative political activist Charlie Kirk was aligned with supporters of Trump.
Two broadcasters — Nexstar Media Group and Sinclair, Inc. — pulled Kimmel’s program from their local ABC affiliates for about two weeks, prompting ABC to put the show on temporary hiatus. Both broadcast companies had, or still have, business pending before the FCC.
Disney has a strong apparent defense against the FCC’s probe over its diversity initiatives: Earlier this year, the FCC approved Nexstar Media Group’s $6.2 billion acquisition of peer broadcaster TEGNA, despite sworn testimony from Nexstar’s Chief Communications Officer Gary Weitman that the broadcaster still maintained diversity and equity principles as part of its “corporate philosophy,” as first reported by The Desk.
Anna Gomez, the lone Democratic commissioner at the FCC, said the agency’s investigation of Disney’s broadcast licenses was nothing more than a ploy for publicity.
“This is unprecedented, unlawful and going nowhere — is a political stunt, and it won’t stick,” Gomez wrote in a statement e-mailed to The Desk. “Companies should challenge it head-on. The First Amendment is on their side.”
