Over 70 ABC Affiliates, Led by Sinclair and Nexstar, Pre-empt Jimmy Kimmel Live! Amid Contractual Scrutiny

In a significant move highlighting the complex dynamics of network-affiliate agreements, Sinclair Broadcast Group and Nexstar Media Group have opted to pre-empt "Jimmy Kimmel Live!" on over 70 of their ABC-affiliated stations. This decision comes despite ABC's announcement to reinstate the late-night program following a brief suspension. The pre-emptions underscore the limited rights affiliates have to deviate from network programming, as outlined in their contracts.

Journalist Paul Farhi recently commented on the contractual obligations of network affiliates, stating, > "A network affiliate like Sinclair can pre-empt a network show a limited number of times (depends on the contract), but then is in breach of its affiliate agreement and faces penalties or cancellation. So Sinclair is likely on a short leash here." This perspective frames the current actions within the broader context of potential contractual breaches and their repercussions.

Sinclair and Nexstar's decision stems from controversial comments made by Jimmy Kimmel regarding the alleged killer of conservative activist Charlie Kirk. Sinclair had previously demanded a direct apology from Kimmel to the Kirk family and a "meaningful personal donation" to the family and Turning Point USA. The company stated it would not lift the suspension "until formal discussions are held with ABC regarding the network’s commitment to professionalism and accountability."

The combined pre-emption by Sinclair, which operates nearly 40 ABC affiliates, and Nexstar, with roughly 30 ABC affiliates, significantly impacts ABC's national reach, accounting for approximately one-quarter of its household distribution. This collective stance by major station groups demonstrates their considerable influence over network programming. FCC Chairman Brendan Carr also weighed in on the matter, suggesting that licensed broadcasters have public interest obligations and should make decisions that meet the needs of their local communities.

This incident highlights ongoing tensions between national networks and their local affiliates, particularly concerning content control and editorial independence. Both Sinclair and Nexstar are among the largest owners of broadcast TV stations in the U.S., with Nexstar currently seeking FCC approval for a major acquisition of Tegna Inc. Such large-scale pre-emptions, while rare, serve as a powerful assertion of affiliate autonomy, potentially putting these groups on a "short leash" with their network partners regarding future contractual compliance.