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The $550,000 indecency fine against CBS, regarding Janet
Jackson’s “wardrobe malfunction” at the 2004 Super Bowl, was overturned by a
federal court on Monday. The judge panel of the third U.S. Circuit Court of
Appeals decided that the Federal Communications Commission (FCC) “acted
arbitrarily and capriciously” in giving CBS the fine for that image of nudity,
reported the New York Daily News.
Chief Judge Anthony Scirica wrote that the FCC couldn’t
change “a well-established course of action without supplying notice of and a
reasoned explanation for its policy departure,” reported Reuters.
Ninety million people were watching the Super Bowl at that time.
That second when Janet Jackson’s breast was accidentally
revealed by singer Justin Timberlake caused FCC indecency fines to increase,
making broadcasters become more cautious.
After hearing the court’s decision, CBS made a statement,
saying it hoped this decision would make FCC “return to the policy of
restrained indecency enforcement it followed for decades,” adding that it was
“an important win for the entire broadcasting industry.” CBS also said that
during live programming it was very difficult to “block unfortunate fleeting
material.”
The Parents Television Council, an indecency watchdog group,
was not at all satisfied with the court’s decision, saying that the ruling
“borders on judicial stupidity.”
“If a striptease during the Super Bowl in front of 90
million people, including millions of children, doesn't fit the parameters of
broadcast indecency, then what does?” asked the group, according to Reuters.
In case the FCC asks the U.S. Supreme Court to hear an
appeal, it would have 90 days to file a petition.
The U.S.
broadcasters are not allowed to air obscene material and it can broadcast this
kind of material only between 6 a.m. and 10 p.m., when children are likely to
be watching. Cable or satellite services have not been restricted in this way.
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