WASHINGTON – The 3rd U.S. Circuit Court of Appeals in Philadelphia will weigh the well-publicized case over singer Janet Jackson’s “wardrobe malfunction” during the 2004 Super Bowl halftime show. The court is scheduled to hear the case today in an attempt to determine whether the broadcast is punishable by the FCC.
CBS was fined $500,000 by the FCC for airing the incident, claiming the network violated anti-indecency laws. CBS appealed the fines, saying the incident could not have been foreseen.
"Lacking any evidence to support the initial speculations about network complicity, the commission instead reached the illogical conclusion that the halftime show was designed to 'pander to, titillate and shock the viewing audience' despite the fact that Viacom did not plan the sole part of the performance the FCC says made it indecent, the 'costume reveal'; did not know about it in advance; did not sanction it (and would not have done so had it known); and took steps to prevent anything at odds with broadcast standards," CBS said in its appeal. "But as a matter of simple logic, something cannot be 'designed' without advance knowledge."
By law, on-air television and radio broadcasters are prohibited from airing obscene material and are banned from broadcasting indecent material between 6 a.m. and 10 p.m. In a statement, the network apologized for the incident shortly after it occurred.
According to the Hollywood Reporter, if the fine is upheld, it will be the largest ever levied against a television broadcaster.
The FCC has fielded an unprecedented amount of challenges against its indecency regulations in the last year. In June, an FCC policy penalizing accidentally aired expletives was struck down by a federal court, calling the FCC's proposal “arbitrary and capricious.”
