$550,00 fine tossed out
Posted by Media Outrage on July 21, 2008
The $550,000 fine that was levied on CBS Corp. for the wardrobe malfunction that happened to Janet Jackson during the 2004 Super Bowl halftime performance in front of 90million viewers has been thrown out.
A federal appeals court on Monday 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 three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled that the Federal Communications Commission “acted arbitrarily and capriciously” in issuing the fine for the fleeting image of nudity.
The court found that thedeviated 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.”
Mediaoutrage- That’s a lot of cake. To read the entire article click here.