CBS Appeal Against 'Wardrobe Malfunction' Fine Rejected

02-06-2006 11:01

An appeal against a $550,000 (£305,000) fine imposed on US TV network CBS after Janet Jackson's 2004 Super Bowl 'wardrobe malfunction' has been rejected by the Federal Communications Commission (FCC).The FCC yesterday (31MAY06) maintained the breast-baring incident violated strict federal regulations against broadcasting indecent material.The FCC states, "We reject CBS' contention that the commission misapplied the test for broadcast indecency in the (original order). "In doing so, we note that CBS does not contest the commission's determination that the material at issue here falls within the subject matter scope of our indecency definition because it 'describe(d) or depict(ed) sexual or excretory organs or activities'."Rather, CBS takes issue with our conclusion that the Super Bowl half-time show was patently offensive as measured by contemporary community standards for the broadcast medium."CBS bosses insist they are still prepared to fight the decision, and are considering taking legal action.A spokesperson for the network says, "CBS has apologised to the American people many times for the inappropriate and unexpected half-time incident during the 2004 Super Bowl, and we have taken steps to make certain it will never happen again.