Court to reconsider the wardrobe malfunction fine

February 24th, 2010 - 10:51 pm ICT by Aishwarya Bhatt

Philadelphia, Feb 24 (THAINDIAN NEWS) A federal appeals court said on Tuesday, that it will re-examine if the government can reinstate its fine against TV network CBS over Janet Jackson’s “wardrobe malfunction” during the 2004 Super Bowl halftime show.

It may be recalled that the 3rd U.S. Circuit Court of Appeals in Philadelphia in 2008, had said that the government broadcast regulators acted arbitrarily and capriciously in ordering the fine for the half-second of nudity. So now the 3rd US Circuit Court of Appeals in Philadelphia will examine whether the fine of $550,000 for the wardrobe malfunction is permissible or not.

In 2009 the U.S. Supreme Court had directed the lower court to consider reinstating the fine, after a ruling in another case that said the FCC could issue fines even for fleeting profanity. It may be recalled that the wardrobe malfunction happened when a piece of Janet Jackson’s costume was pulled away by Justin Timberlake, which exposed her breast for a short period of time, when both of them were singing at the NFL championship football game six years ago.

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