Brave Judges Make the Airwaves Safe at Last For Unscripted Nudity
Posted by Defamer Hollywood at 5:20 AM on July 22, 2008
In a landmark decision for bodice rippers and the networks who love them, a trio of federal judges today threw out the FCC's $550,000 fine against CBS for the Super Bowl "wardrobe malfunction" that exposed Janet Jackson's right breast in 2004. The damning decision resulted in a miserable spoof by Justin Timberlake at last night's ESPY Awards and, worse yet for the FCC, essentially wiped out the upgraded decency standards implemented after the broadcast — at least for live shows, which required the judges to buy CBS's defence that the nip slip was an "accident."
Laugh all you want (we're right there with you), but hey — it worked. Follow the jump to read why.
"The airing of scripted indecency or indecent material in prerecorded programming would likely show recklessness, or may even constitute evidence of actual knowledge or intent," the judges wrote. "But when unscripted indecent material occurs during a live or spontaneous broadcast, as it did here, the FCC should show that the broadcaster was, at minimum, reckless in causing the indecent material to be transmitted over public airwaves."The FCC argued that CBS was reckless in allowing the incident to occur. But the judges sided with CBS, which had argued the incident was unscripted and that the network had tried to prevent it by having "numerous script reviews and revisions" and "several wardrobe checks" and by implementing a five-second audio delay of the broadcast. CBS said video delay technology was not available at the time.
The best part of the judgment, though? As neither Jackson nor Timberlake are CBS employees, the network isn't responsible for their actions, premeditated or otherwise. And suddenly, we can't wait to see what a salivating Rupert Murdoch pulls out of his sleeve for Super Bowl XLIII next February; if this decision wasn't an engraved invitation to stage The Moment of Truth — Halftime Stripper Edition, then we don't know what would be.
[Photo: Getty Images]

Comments (AU Comments · US Comments)
There are currently no AU comments for this post.
Losin_it
Posted 6:24 AM 22/7/08
As I mentioned to good Gwendolyn elsewhere, this court ruling doesn't really in any way prevent the FCC from doing the same exact thing in the future. All the FCC has to do is more clearly set out the guidelines for what can be fined and what can't. This is not much of a victory for those that believe in uncensored media.
Losin_it
kookla
Posted 6:24 AM 22/7/08
Meanwhile, I will never forgive Jackson or Timbafake for ruining live television by forcing the powers-that-be to institute the 7 second delay.
kookla
MrHughes
Posted 5:36 AM 22/7/08
Maybe they can get Creed to show everybody their vaginas.
MrHughes
Assistant/Atlas
Posted 7:24 AM 22/7/08
And somewhere down in Hell (or heaven, if God has a sense of humor) George Carlin is making a toast....
Assistant/Atlas
DanLar75
Posted 7:43 AM 22/7/08
Grown men and women suing because to their kids, breasts are scary?
I'm playing Pandemic II and laughing...
DanLar75
deusdiabolus
Posted 11:22 AM 22/7/08
Next year's halftime show...
BearForce 1!
deusdiabolus
bigredgambler
Posted 11:46 PM 22/7/08
Bare boobs are better than kids getting shot on street corners. Maybe if they were on TV more they wouldn't be getting into trouble on the streets. I know me and my bud's we're glued to PBS for some arty Euro flick to see some ta-tas. I'm glad JT's movie career hasn't taken off and that Janet can't seem to have her run from the early 90's repeated. They screwed it up for everyone.
bigredgambler