Friday, April 18, 2014
Advertisement:
What is RSS/XML?
Subscribe to FMQB News.

CBS Argues That Halftime Show Was Not Indecent
September 12, 2007

At Tuesday's "nipplegate" hearing before the U.S. 3rd Circuit Court of Appeals in Philadelphia, CBS Corp. argued that it should not be held liable for the 2004 Super Bowl halftime show that ended with Janet Jackson's breast-baring "wardrobe malfunction" because the stunt was both unscripted and unintended. CBS also said that if the FCC's $550,000 fine is upheld, it will effectively censor U.S. broadcasting. CBS lawyer Robert Corn-Revere urged the court to overturn the fine and said the ruling has had a "profoundly censorious effect" on U.S. broadcasting by deterring stations from showing material that could possibly be considered indecent, according to Reuters. The network feels that by fining them, the FCC has abandoned its policy of avoiding penalties for "fleeting" or "isolated" images.

However, FCC attorney Eric Miller defended the decision that the halftime show was indecent because it was a "highly sexualized performance" even before the brief breast exposure. Miller claims that CBS had been "willful" in its broadcast because it failed to guard against indecency. He said the National Football League had expressed concern beforehand about the sexually charged performance and that Jackson's choreographer said in advance the show would contain "some shocking moments." "CBS was indifferent to the fact that an obvious risk can constitute a deliberate omission," Miller argued, according to Reuters.

Miller also said that Jackson and halftime co-star Justin Timberlake were employees of CBS, therefore the network should have to pay for their actions. However, Julio Fuentes, one member of the three-judge panel, challenged that claim. "That doesn't make sense at all," Fuentes said, according to Reuters. "They were not employees of CBS, were they?"

The network immediately apologized after the incident aired and both Jackson and Timberlake confirmed they planned it "independently and clandestinely" without informing anyone, according to court documents. At the time, Jackson released a statement saying, "The decision to have a costume reveal at the end of my halftime show was made after final rehearsals. [Halftime show producer] MTV was completely unaware of it. It was not my intention that it go as far as it did."

The court is expected to rule in the coming months but it did not indicate exactly when.




 
Breaking News
Report: Two-Thirds See Radio As Local
L & L And Alpha Merge As Alpha Media
In Brief - April 17, 2014
FMQB FYI... Links You Should Know About
April 16, 2014
BIA/Kelsey Says "The Internet Radio Revolution Has Arrived"
In Brief - April 16, 2014
April 15, 2014
Alan Chartrand Named Market President For CCM+E-Boston
CBS Radio New York SVP Market Manager Don Bouloukos To Retire
In Brief - April 15, 2014
April 14, 2014
CCM+E Research Report: The Power of Personality
In Brief - April 14, 2014
April 11, 2014
The Week In Review: 4/7-4/11
eQB NOW
Major Labels Sue Megaupload
In Brief - April 11, 2014
FMQB FYI... Links You Should Know About
April 10, 2014
BIA/Kelsey Predicts Continued Mobile Growth
Radio Disney & Dees Entertainment Announce Partnership
In Brief - April 10, 2014
April 9, 2014
Report: Apple Considering Retooling iTunes
In Brief - April 9, 2014
April 8, 2014
SNL Kagan Releases Report On Q1 Radio Station Sales
UMG Acquires Eagle Rock Entertainment
Music News
Grohl & Novoselic Talk Nirvana's Hall Of Fame Night
Quick Hits: Coldplay, Forbes' wealthiest rappers, American Idol, Beck, The Whigs
AC/DC Will "Continue To Make Music"
Frozen Soundtrack Still Rock Solid In Sales
Quick Hits: Miley Cyrus, Jay Z & Beyonce, Made In America festival, Paul McCartney, The Who, Golden Gods Awards
Is AC/DC Really Retiring?
Quick Hits: Nirvana, Imagine Dragons, 2 Chainz, Muse, The Rolling Stones
Coachella Boasts Star-Studded Cameos In Weekend One
Quick Hits: Ed Sheeran, Lana Del Rey, Smashing Pumpkins, Janelle MonŠe & Kimbra
The Week In Review: 4/7-4/11
Nirvana, KISS & More Enter Rock Hall Of Fame
Demi Lovato and Jason Derulo To Stream Live Performances
Quick Hits: Capital Cities, Billboard Music Awards, Drake
Linkin Park Ready To Rock With The Hunting Party
Quick Hits: Nirvana, Katy Perry, Madonna, Smashing Pumpkins, Quebec City Summer Fest
FMQB NOW

Nick Petropoulos
Glassnote Entertainment
Group

Advertisement:
Search FMQB.com
Advertisements:
FMQB Member Login
Email:
Pass:

Save
Not a member yet?
Sign up Now!
Sign Up for Breaking News!
Enter FMQB E-Tracking!