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Court Throws Out Fine for ‘Wardrobe Malfunction’ | ||||||||||||
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| Wendy Aron, 07.22.2008, 09:31 AM | ||||||||||||
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| (EZ-Tracks) - A federal appeals court has thrown out the $550,000 FCC indecency fine on CBS for the infamous Janet Jackson “wardrobe malfunction” incident during the half-time show at the 2004 Super Bowl, according to an Associated Press report.
A panel of the 3rd U.S. Circuit Court of Appeals ruled Monday that the FCC "acted arbitrarily and capriciously" in issuing the fine for the fleeting image of nudity, which it noted lasted just over half a second, according to the report. The court said in issuing the fine, the FCC had deviated from its nearly 30-year practice of fining indecent broadcast programming only when it was so "pervasive as to amount to 'shock treatment' for the audience." The FCC had said that Jackson and Timberlake were employees of CBS and that the network should have to pay for their "willful" actions, given its lack of oversight. But CBS lawyers challenged the fine and won by arguing that "fleeting, isolated or unintended" images should not automatically be considered indecent. | ||||||||||||
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