The federal appeals court on Monday dealt a setback in the Federal Communications Commission's effort to regulate nudity and profanity on television as it refused to fine CBS $550,000 for the Janet Jackson indecent exposure incident during the 2004 Super Bowl halftime show.
The Third Circuit Court of Appeals ruled against FCC, saying the agency "acted arbitrarily and capriciously" in penalizing the network for a "fleeting image of nudity."
The three-judge panel decided that the network wasn't liable for the "wardrobe malfunction" incident that left Jackson's bared breast for 90 million viewers to see because the material appeared to be "unscripted." The court also ruled that the exposure was too brief to violate FCC rules designed to keep children from seeing indecent material broadcast between 6 a.m. and 10 p.m.
Monday's ruling follows another high-profile case challenging FCC's authority. Last spring, a different federal appeals court ruled that an FCC rule targeting "fleeting expletives" was unconstitutional. That case was appealed by the Bush administration and will be heard by the Supreme Court this fall.
FCC chairman Kevin Martin contested the ruling on the Super Bowl fine.
"I am surprised by today’s decision and disappointed for families and parents," he said in a statement. "The Super Bowl is one of the most watched shows on television, aired during the hours when children are most likely to be in the audience."
"I continue to believe that this incident was inappropriate, and this only highlights the importance of the Supreme Court’s consideration of our indecency rules this fall," he added.
Dan Isett, director of public policy for the Parents Television Council, the group that triggered a flood of complaints to the FCC following the Jackson incident, called Monday's ruling a "terrible decision."
"I think once again you have a situation where the broadcast networks and federal judges are subjugating the will of the people," commented Isett, according to Broadcasting & Cable.
Isett pledged that his group would push FCC to appeal the decision.
During the halftime performance, Jackson and Justin Timberlake sang a medley of provocative songs which were accompanied by suggestive dance moves by both singers. It was when Timberlake reached the final line of the song, "I'm gonna have you naked by the end of this song" that he yanked off a part of Jackson's costume to reveal her right breast.
Many pro-family and media watchdog groups joined parents in a public outcry over the indecent exposure, rejecting claims by the network that the incident was simply a "wardrobe malfunction."
The incident prompted Congress to overwhelmingly pass the Broadcast Decency Act to dramatically increase indecency fines by 10 times to $325,000 per station for an incident.
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from article:
"The three-judge panel decided that the network wasn't liable for the "wardrobe malfunction" incident that left Jackson's bared breast for 90 million viewers to see because the material appeared to be "unscripted." The court also ruled that the exposure was too brief to violate FCC rules designed to keep children from seeing indecent material broadcast between 6 a.m. and 10 p.m"
If it was "unscripted" then it was some form of assault by the hands of Justine timberlake. Ripping off the clothing by a man on a woman is a crime, so wasnt he arrested? hmmm, evil just plays games, lies manipulates, to devour us.
John 8:44 Ye are of your father the devil, and the lusts of your father ye will do. He was a murderer from the beginning, and abode not in the truth, because there is no truth in him. When he speaketh a lie, he speaketh of his own: for he is a liar, and the father of it.
steveh20, would you know the name of the BBC comedy, it has a young couple and the guy is a nut. One episode he took flying lessons and needless to say it was pretty funny. Do you by chance know the name of the show?, thanks, believer
believer, never knew that, you live and learn.
DP- Yes there are loads(si I'm told).
Steve
P.s Don't like Graham Norton much, never watch him.
steve20---just so long as you don't tell me Mr. Bean is going to be the next Doctor Who.....
I watched a program with Cathrine Tate who plays Donna. It was something called 'So Graham Norton'.... OK...have to ask...is anyone at the BBC straight? Talk about the Ood....
steveh20, Teddy is Mr. Bean's bears name.
Good night from England.
Steve
P.s Teddy is not Badwolf
No, thats Andy Pandy (You really need to know your BBC childrens TV history to get that one!!).
Steve
steveh20, I always thought it was Teddy?
Don't you know, Mr Bean is the Master, NO!!!!!! I've gone and spoilt it for everybody.
Steve
P.s Of course thats not true, everybody knows the Master is MR E Blackadder.
daniel, they'll be pulling all the stops out when Mr. Bean returns. :)
DP
Enjoy the Doctor, I'm not going to spoil anything.
Steve
Having worked in broadcasting myself, I can see both sides. On the one hand, yes it appeared to be and accident. On the other hand, exactly why was her outfit designed for a nursing mother? A 'normal' outfit would not have done this, no?
I understand that networks are responsible for what happens and thus they should be held accountable. Still, I think it's Jackson that should be fined.
And, yes...steve20...far less boring. :-)
We are getting the Doctor Who season final this Friday. Looks like they pulled out all the stops.
I'm a FA cup final man myself, far less boring, but I did watch the episode on Fox news and I still came to the same conclusion....
steveh20, what Super Bowl were you watching, trust me that "accident" was better scripted than some of the plays run on the field that night.
Good on them this, was obviously an accident and not intentional, civilization has not collasped at the site of a nipple either.