Court Rejects FCC Fine For Super Bowl "Wardrobe Malfunction"
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Appellate Court Rejects FCC's $550,000 Fine
Against CBS Corp. Over "Wardrobe Malfunction" |
Federal appeals court judges yesterday tossed out the $550,000 fine levied against CBS Corp. by the FCC stemming from Janet Jackson's wardrobe malfunction during the Super Bowl XXXVIII halftime show in '04, a decision that represents "another blow to the aggressive indecency policy the FCC has adopted," according to Jim Puzzanghera of the L.A. TIMES. While the FCC "argued that CBS was reckless in allowing the incident to occur," the judges sided with the net, "which had argued the incident was unscripted and that the network had tried to prevent it by having 'numerous script reviews and revisions' and 'several wardrobe checks' and by implementing a five-second audio delay of the broadcast." CBS added that "video delay technology was not available at the time" (L.A. TIMES, 7/22). USA TODAY's Paul Davidson reports the judges in the trial "criticized FCC claims that CBS should be liable for the entertainers' violations, calling them independent contractors." The court also said that it "couldn't determine whether CBS acted 'willfully' by failing to use a video delay after Jackson's choreographer predicted the singer's performance would include 'some shocking moments.'" The FCC "wouldn't say whether it will appeal the ruling to the Supreme Court" (USA TODAY, 7/22). The WALL STREET JOURNAL's Schatz & Schechner write the decision by the court is "good news for broadcast networks, which have toned down some programming and instituted more tape delays in recent years under the threat of multimillion-dollar fines." Meanwhile, several network execs said that while the decision "alone won't change much -- tape delays for non-sports events are here to stay -- the broader atmosphere could thaw if the courts continue to curtail the FCC's enforcement regime" (WALL STREET JOURNAL, 7/22).
RAMIFICATIONS: A USA TODAY editorial states in the wake of the Jackson incident, "Viewers complained loudly and immediately. The NFL and TV networks got the message. The republic survived." Also following the Jackson uproar, CBS "deployed technology to delay and edit out offensive images during live programming. Super Bowl halftime shows got tamer, featuring old rockers such as Paul McCartney and Tom Petty" (USA TODAY, 7/22).
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