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JANET'S 'MALFUNCTION' FINE OVERTURNED BY COURT: Monday's ruling negates FCC's decision to fine CBS stations for exposed breast.

(July 22, 2008)
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      *Janet Jackson's infamous 2004 "wardrobe malfunction" won't cost CBS stations a thing after Monday's decision by a U.S. appeals court to overturn the FCC's $550,000 indecency fine against CBS Corp.

      The three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled that the Federal Communications Commission "acted arbitrarily and capriciously" in issuing the fine for the fleeting image of nudity.

      The 3rd Circuit judges — Chief Judge Anthony J. Scirica, Judge Marjorie O. Rendell and Judge Julio M. Fuentes — also ruled that the FCC deviated from its long-held approach of applying identical standards to words and images when reviewing complaints of indecency, reports the Associated Press.     

Janet Jackson & Justin Timberlake shown immediately after her "wardrobe malfunction"

      In a statement Monday, CBS said it hoped the decision "will lead the FCC to return to the policy of restrained indecency enforcement it followed for decades."     

      "This is an important win for the entire broadcasting industry because it recognizes that there are rare instances, particularly during live programming, when it may not be possible to block unfortunate fleeting material, despite best efforts," the network said.

 

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