A group of Disney investors is asking the company to turn over documents related to the company’s decision to temporarily suspend Jimmy Kimmel’s late-night show, amid charges the media company may have been “complicit in succumbing” to media censorship.
The investors, composed of lawyers for the American Federation of Teachers and Reporters Without Borders, noted that Disney’s stock “suffered significant declines in response to the company’s abrupt decision to suspend Mr. Kimmel and his show”, it said in a letter to Disney.
“The fallout from suspending Jimmy Kimmel Live! sparked criticism as an attack on free speech, triggered boycotts and union support for Mr. Kimmel, and caused Disney’s stock to plummet amid fears of brand damage and concerns that Disney was complicit in succumbing to the government overreach and media censorship,” the letter said.
The lawyers are demanding “copies of any meeting minutes, meeting agenda and written materials provided to the [company’s] board or presented at any meeting of the board” regarding Kimmel’s decision. It cites a law in Delaware, where Disney is incorporated, that says shareholders can receive materials around board discussion “to investigate potential wrongdoing, mismanagement and breach of fiduciary duty by members [of the board]”.
Disney did not immediately respond to requests for comments.
The company first suspended Kimmel’s show “indefinitely” on 17 September, after the network aired comments Kimmel made about Charlie Kirk’s killing saying “the Maga gang [is] desperately trying to characterize this kid who murdered Charlie Kirk as anything other than one of them, and doing everything they can to score political points from it”.
The next day, the Federal Communications Commission (FCC) chair, Brendan Carr, criticized Kimmel’s comments and said that the regulatory agency would be willing to throw its weight behind making sure the companies airing Kimmel’s show are held accountable.
“We can do this the easy way or the hard way,” Carr said. “These companies can find ways to change conduct to take action on Kimmel, or there’s going to be additional work for the FCC ahead.”
Soon after, Nexstar Media Group, a major owner of ABC affiliates, announced it would preempt Kimmel’s show, calling Kimmel’s comments “offensive and insensitive at a critical time in our national political discourse”. Nexstar is seeking FCC approval for a $6.2bn merger with Tegna, another major TV station owner.
After Nexstar’s announcement, ABC, which is owned by Disney, announced it would halt Kimmel’s show “indefinitely” without further explanation. A few days later, ABC said the show would return Tuesday night. Nexstar and Sinclair Broadcast Group, another major owner of ABC affiliates, said they would continue to preempt the show, which amounts to a Kimmel blackout for 25% of TV audiences.
