Wardrobe Malfunction goes to Court
Wednesday, September 12th, 2007
The 3rd U.S. Circuit Court of Appeals in Philadelphia will decide whether it was fair for the FCC to fine CBS for broadcasting Janet Jacksons partially exposed breast when it was an accident that couldnt have been forseen. Justin Timberlake, who was performing with Jackson during the 2004 Super Bowl halftime performance and ripped off the material that exposed her breast, called the whole thing a “wardrobe malfunction” at the time.
After the, incident, the FCC slapped CBS Corp. with a $550,000 fine for violating the country’s anti-indecency laws. CBS appealed, calling the agency’s $27,500 fine for each of the network’s owned-and-operated stations “illogical.” The network, which was owned by Viacom Inc. at the time, argued that the flash was unintentional during a live broadcast, and therefore, beyond their control.
“Lacking any evidence to support the initial speculations about network complicity, the commission instead reached the illogical conclusion that the halftime show was designed to ‘pander to, titillate and shock the viewing audience’ despite the fact that Viacom did not plan the sole part of the performance the FCC says made it indecent, the ‘costume reveal’; did not know about it in advance; did not sanction it (and would not have done so had it known); and took steps to prevent anything at odds with broadcast standards,” CBS said in its appeal. “But as a matter of simple logic, something cannot be ‘designed’ without advance knowledge.”
The FCC, however, contends that “even relatively fleeting references may be found indecent where other factors contribute to a finding of patent offensiveness.” The agency also contends that the parent company should have known that any event produced by MTV, also owned by Viacom, has the potential of being offensive.
“The Viacom organization knew, or surely should have known, what was to come,” then-FCC chairman Michael Powell said at the time. “The fact that Viacom promoted the halftime show before it aired as one that would be shocking gives credence to their culpability. Unquestionably, Viacom consciously took the risk and thus now bears the responsibility.”
Is this really necessary? The old men at the FCC probably enjoyed that show…Besides it isn’t like anybody is seeing anything for the first time….I mean come one most of us were all breast fed….
