CBS Appeals “Wardrobe Malfunction” Fine

WASHINGTON, July 31: CBS has asked the 3rd U.S. Circuit
Court of Appeals in Philadelphia to set aside the $550,000 fine imposed by the Federal
Communications Commission for its broadcast of Janet Jackson’s “wardrobe malfunction”
during the 2004 Super Bowl halftime show.

In its appeal, wire reports indicate, CBS said the fine was
"unconstitutional, contrary to the Communications Act and FCC rules and
generally arbitrary, capricious and contrary to law."

The broadcaster also noted that it had already apologized
for the incident—in which Jackson’s clothing was tugged by fellow
performer Justin Timberlake at the end of a dance number, revealing a bare
breast—and that it had put measures in place, such as broadcast delays, to
prevent future mishaps.

FCC spokeswoman Tamara Lipper told the AP: “CBS's continued
insistence that the halftime show was not indecent demonstrates that it is out
of touch with the American people. Millions of parents, as well as Congress,
understand what CBS does not: Janet Jackson's 'wardrobe malfunction' was indeed
indecent."