Court tosses FCC 'wardrobe malfunction' fine

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Story Published: Jul 21, 2008 at 12:29 PM EDT

Story Updated: Jul 21, 2008 at 12:32 PM EDT

PHILADELPHIA (AP) - CBS won't have to pay the $550,000 indecency
fine leveled against it by federal regulators for Janet Jackson's
breast-baring ``wardrobe malfunction'' during the 2004 Super Bowl
halftime show.

A federal appeals court has ruled the Federal Communications
Commission ``acted arbitrarily and capriciously'' in issuing the
fine for the fleeting image of nudity.

The court found that the FCC deviated from its nearly 30-year
practice of fining indecent broadcast programming only when it was
so ``pervasive as to amount to 'shock treatment' for the
audience.''

The 3rd Circuit judges also ruled that the FCC deviated from its
long-held approach of applying identical standards to words and
images when reviewing complaints of indecency.

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