The long legal battle between CBS and the Federal Communications Commission over Janet Jackson’s wardrobe malfunction during the 2004 Super Bowl halftime show is over.
The Supreme Court has refused to hear the FCC’s request to reinstate a $550,000 indecency fine against CBS for the halftime performance featuring Jackson and Justin Timberlake, who at the end of a song tore a piece of Jackson’s top, exposing her bare breast to an audience of about 90 million.
So the legal trail end at the last judgement in November when an appeal court in Philadelphia upheld its earlier ruling that the FCC’s indecency fine against the network was invalid. The court didn’t say whether the incident was indecent but said the FCC’s fine represented an undisclosed change in the enforcement of its policy with regard tofleeting images and hence could not be enforced.
In a statement, CBS said it was gratified to finally put this episode behind us and noted that at every major turn of this process, the lower courts have sided with us. The network added that since the Super Bowl, it has added delays to all live programming to prevent similar incidents from happening.