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Court tosses Janet Jackson 'wardrobe malfunction' fine
By: Agencies

PHILADELPHIA: 
 

 Janet Jackson and Justin Timeberlake after her wardrobe malfunction

A federal appeals court yesterday threw out a $550,000 indecency fine against CBS Corp for the 2004 Super Bowl halftime show that ended with Janet Jackson's breast-baring "wardrobe malfunction".

The court ruled that the Federal Communications Commission "acted arbitrarily and capriciously" in issuing the fine for the fleeting image of nudity.

The 90 million people watching the Super Bowl, many of them children, heard Justin Timberlake sing, "Gonna have you naked by the end of this song," as he reached for Jackson's bustier.

The court found that the FCC 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".

"Like any agency, the FCC may change its policies without judicial second-guessing," the court said. "But it cannot change a well-established course of action without supplying notice of and a reasoned explanation for its policy departure."

CBS said it hoped the decision would "lead the FCC to return to the policy of restrained indecency enforcement it followed for decades". "This is an important win for the entire broadcasting industry because it recognises that there are rare instances, particularly during live programming, when it may not be possible to block unfortunate fleeting material, despite best efforts," the network said.








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