Media & Communications Law
Appeals Court Tosses CBS Fine for Janet Jackson Wardrobe Malfunction
Posted Jul 21, 2008, 09:52 am CST
By Debra Cassens Weiss
A federal appeals court has tossed a half million dollar indecency fine against CBS television for Janet Jackson’s so-called wardrobe malfunction during the Super Bowl.
The 3rd U.S. Circuit Court of Appeals said the fine by the Federal Communications Commission deviated from past policy and was arbitrary and capricious, the Guardian reports.
Jackson’s breast was bared for less than a second during the 2004 Super Bowl after Justin Timberlake sang that he would "have you naked by the end of this song" and tore away her bustier.
The court wrote in its opinion (PDF) that the FCC’s determination that the fleeting image was actionably indecent represented a change in policy, the Associated Press reports.
After the incident the FCC changed a similar policy on fleeting expletives and imposed fines for unscripted uses of the F-word in live broadcasts. A case challenging the policy is pending before the U.S. Supreme Court.