OpEd Contributor
Second look at Janet Jackson 'wardrobe malfunction' case will confirm indecency
June 11, 2009
This month the U.S. Supreme Court ordered the 3rd Circuit Court of Appeals to take a second look at its ruling finding that Janet Jackson’s Super Bowl peep show wasn’t indecent and didn’t merit the $550,000 Federal Communications Commission (FCC) fine that was levied against CBS.
The High Court move followed on the heels of its first broadcast decency ruling in 30 years when on April 28 it ruled that so-called “fleeting” violations of the broadcast decency law can be considered indecent and result in fines for broadcasters.
Broadcasters should be held accountable for what they air, regardless of whether it’s harsh profanity or blatant nudity. It’s incredible that there is still no resolution in the five-year-old Janet Jackson case.
I remember that Super Bowl and unfortunately couldn’t forget it if I tried. We were having a party with our closest friends and about 15 kids. Everyone was excited about the halftime show since it featured my cousin, Justin Timberlake, along with Janet Jackson.
Then all of a sudden, right there in front of 90 million people – my guests and our children included - was Janet Jackson’s bare breast. Call it a “wardrobe malfunction” if you want; I call it intentional and offensive. Personally, I was deeply embarrassed and shocked.
Countless parents just like me took the time to demand action from members of Congress, the FCC, CBS, and even Super Bowl sponsors. Our pleas for consequences in the form of a tape delay and meaningful indecency fine were met.
The FCC stepped up, imposing a record-setting total fine of $550,000 against 27 CBS affiliates. A policy requiring a tape delay for live events was set in stone a week after the Super Bowl aired. Congress voted and passed a law increasing maximum indecency fines from a mere $32,500 to $325,000 per incident -- a drastic improvement.
Parents across the country were thrilled - their voices had been heard. Unfortunately, the reasonable actions that were taken by the FCC that expressed the will of the American people were attacked by CBS.
After CBS’ “sincere” apologies for the incident, the network promptly decided to skirt the FCC fine, even though it uses the public airwaves for free in exchange for agreeing to obey the indecency law. In the case at issue, Fox fought tooth and nail against the FCC after violating the indecency law by airing the F- and S-words during awards show broadcasts.
In actuality, the half a million dollar fine didn’t amount to much more than a slap on the wrist for CBS. It could have been paid with a mere seven seconds of advertising revenue from the game.
After CBS’ “sincere” apologies for the incident, the network promptly decided to skirt the FCC fine, even though it uses the public airwaves for free in exchange for agreeing to obey the indecency law. In the case at issue, Fox fought tooth and nail against the FCC after violating the indecency law by airing the F- and S-words during awards show broadcasts.
In actuality, the half a million dollar fine didn’t amount to much more than a slap on the wrist for CBS. It could have been paid with a mere seven seconds of advertising revenue from the game.
As if the incident itself wasn’t maddening enough, parents were delivered another slap in the face. The 3rd Circuit Court of Appeals said the incident didn’t cause enough outrage and didn't merit a fine. Thankfully, the U.S. Supreme Court ordered the 3rd Circuit to review its opinion.
Not enough outrage? Just ask someone at the FCC. Records were set; formal complaints were filed by 500,000 people. Ask someone on Capitol Hill. Switchboards lit up and members of Congress said that more calls had been received regarding nudity during this halftime show than about any other issue to date, including the Iraq war. Ask the news media that descended into a full-blown feeding frenzy. And lastly, ask a parent. They seem to be very last on the list, even though their children are first to be affected by the incident.
We hope that the 3rd Circuit Court of Appeals will consider parents and families when it reexamines its Janet Jackson ruling. The countless parents who cared back then certainly can’t give up the decency fight now.
Debra Timberlake is the Parents Television Council San Francisco Bay Area Chapter Director and also a cousin of Justin Timberlake. (www.parentstv.org)
Debra Timberlake is the Parents Television Council San Francisco Bay Area Chapter Director and also a cousin of Justin Timberlake. (www.parentstv.org)
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