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Janet Jackson's Super Bowl 'Wardrobe Malfunction' Fine Dropped |
Contributed By: The Messiah
Created On: Monday, 21 July 2008
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 Janet Jackson
Three judges said the Federal Communications Commission watchdog had "acted arbitrarily and capriciously" in issuing the fine.
A $550,000 indecency fine was launched against CBS Corp after viewers saw Justin Timberlake reach for Jackson's top and sing: "Gonna have you naked by the end of this song."
Jackson's breast was momentarily broadcast during her performance alongside Justin Timberlake at the Super Bowl in 2004.
The 3rd US Circuit Court of Appeals said the FCC had deviated from its usual practice of fining indecent broadcast programming only when it was so "pervasive as to amount to 'shock treatment' for the audience."
The Judges ruled that the watchdog "cannot change a well-established course of action without supplying notice of and a reasoned explanation for its policy departure."
In a statement, CBS called the verdict an "important win, adding: "It recognizes that there are rare instances, particularly during live programming, when it may not be possible to block unfortunate fleeting material, despite best efforts."
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