Wardrobe Malfunction Case: Appeals court favors CBS in Janet Jackson ruling

Wardrobe malfunction ruling affirmed. | Photo: Idolator

A U.S. appeals court has again tossed out the $550,000 indecency fine against CBS Corp. (CBS) for airing Janet Jackson's "wardrobe malfunction" on national television.

The U.S. Federal Communications Commission (FCC) fined CBS after viewers got a glimpse of the singer's breast for 9/16 of a second while she was performing during the 2004 Super Bowl halftime show. Justin Timberlake, who performed with Jackson in the show, called the incident a "wardrobe malfunction."

In 2008, the U.S. Court of Appeals in Philadelphia had ruled in that the fine should be voided because the FFC’s policy on determining indecency was “arbitrary and capricious.” The dispute reopened in 2009 after the U.S. Supreme Court ordered a review of the ruling.

The appeals court affirmed its 2008 ruling on Wednesday.

The FCC has issued a statement regarding the court's decision but did not say whether it would appeal the ruling.

“While we are disappointed by the court of appeal’s decision, we note that the court overturned the F.C.C.’s 2006 forfeiture order on narrow procedural grounds. In the meantime, the F.C.C. will continue to use all of the authority at its disposal to ensure that the nation’s broadcasters fulfill the public interest responsibilities that accompany their use of the public airwaves,” the commission said.

CBS, meanwhile, was gratified with the news.

“We are gratified that once again the court has ruled in our favor,” the company said. “We are hopeful that this will help lead the FCC to return to the policy of restrained indecency enforcement it followed for decades.”