Nov 24, 2008 • 1 min read

FCC go to Supreme Court over Nipplegate

The US Federal Communications Commission will take its Nipplegate fine against CBS to the Supreme Court, arguing that a US appeals court wrongly applied verbal indecency rules to the 2004 Super Bowl incident.

More legal shenanigans involving the Jackson family now, though from a distance I suppose. US media regulator the FCC will go to the country's Supreme Court to try and enforce its much previously reported and rather OTT fine against TV network CBS in relation to the Nipplegate fiasco, when Janet Jackson exposed more of her person than Middle America could cope with during the half-time show at the 2004 Superbowl back in 2004.

As previously reported, the outraged FCC fined CBS - who had produced and aired the half-time show - the maximum penalty it could. Because the penalty could be charged against each local CBS channel that carried the Superbowl, that worked out at $550,000. Quite a lot for half a boob.

CBS appealed the ruling, and earlier this year the US Circuit Court Of Appeals ruled that CBS were not responsible for the incident and had responded as best they could (by getting the cameras off Jackson as fast as possible). As a result of that ruling a Philadelphia court ruled CBS did not have to pay the fine.

The FCC argue that the appeals court incorrectly applied the rule regarding responsibility for such cases of on air indecency, applying rules intended for verbal indecency (like swearing) to a case of visual indecency (like Justin Timberlake revealing Janet Jackson's breast). They have asked the Supreme Court to overrule the appeal court's ruling and reinstate the fine.

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