Wardrobe malfunction fine - Court Sides with CBS Regarding Janet Jackson's Wardrobe Malfunction
Wardrobe malfunction fine for Janet Jackson's infamous breast exposure during the 2004 Super Bowl halftime show was junked by the federal appeals court. CBS was supposed to pay a wardrobe malfunction fine of $550,000 but the court of appeals said it's not necessary.
On Wednesday, November 2, the courted ruled that CBS should not be fined $550,000 for Janet Jackson's "wardrobe malfunction" during her "Rock Your Body" performance with Justin Timberlake because it was purely an accident.
The Parents Television Council, on the other hand, was not happy with the decision.
PTC President Tim Winter has released a statement regarding this matter:
"Today's ruling reaches the level of judicial stupidity and is a sucker-punch to families everywhere. In rendering an opinion it wishes to foist on the nation, the Third Circuit has chosen to ignore the law, the facts, Supreme Court precedent, the intent of the Congress and the will of the American people"
Tim Winter added, "How can nudity and a striptease in front of 90 million unsuspecting TV viewers not qualify as indecency? We're not talking about content that aired after 10 pm in front of 90 million adults. Each and every year the Super Bowl broadcast draws the highest viewership ratings of the year, including tens of millions of children and families."
The 3rd Circuit in 2008 struck down the wardrobe malfunction fine, but that decision was vacated when the US Supreme Court in 2009 upheld the FCC policy as rational. It did not decide whether the policy was constitutional, and returned the case to the 3rd Circuit which maintained that it's not CBS' fault.
CBS, by the way, was fined $27,500 for each of its 20 stations in the US.
