CBS is arguing before an appellate court that its stations shouldn’t be fined for Janet Jackson’s Super Bowl halftime show in 2004 because the network didn’t demonstrate a purposeful effort to air indecent material.
The network has challenged a $550,000 fine the Federal Communications Commission’s imposed on 20 CBS-owned and operated stations for the now-notorious "wardrobe malfunction" halftime show. The 3rd Circuit Court of Appeals in Philadelphia is reviewing that challenge.
CBS has argued that the incident was the result of a stunt by the performers it knew nothing about and violated its guidelines. In the latest filing, CBS argued the FCC had to find a network acted purposefully or “recklessly” or demonstrate that it engaged in “willful blindness” to impose a fine.
“Where the government seeks to impose substantial penalties on speech under a criminal statute, the FCC must shown specific intent to violate the law … [or] at a bare minimum that the licensee knowingly and intentionally broadcast potentially indecent content,” the brief said.
“It is undisputed that CBS was entirely unaware that the Jackson-Timberlake stunt would occur,” the network said. “The record shows that CBS took all the steps a prudent broadcaster should to ensure that the program adhered to broadcast standards.”
The appellate court panel has heard the case before and ruled in the favor of CBS.
The Supreme Court sent the case back to the appellate court to review again after deciding in related a Fox Broadcasting indecency case that the FCC had legal authority to act on indecency. The Supreme Court made no determination on the facts of the CBS case.
