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CBS challenging FCC indency fine: and the questions it raises for online

November 21, 2006

CBS is challenging the FCC's decision to fine its stations $550,000 for airing Janet Jackson's "wardrobe malfunction" during its broadcast of the 2004 Super Bowl.

In a filing late Monday with the 3rd Circuit Court of Appeals in Philadelphia, the network is saying that the incident was so brief as to be a "blink and missed it," as well as an "unscripted and unauthorized stunt" that CBS had no prior knowledge of. In that light, CBS is charging the FCC's ruling as contrary to freedom of speech provisions in the U.S. Constitution.

"CBS continues to ignore the voices of millions of Americans, Congress and the commission by arguing that Janet Jackson's halftime performance was not indecent," FCC spokesman Clyde Ensslin noted in a statement released to reporters "CBS believes there should be no limits on what can be shown on television, even during family viewing events like the Super Bowl. We continue to believe they are wrong."

In my mind, this issue has online relevance. Given the rise of online IPTV and pay-per-view, what if a similar transgression was broadcast online, and a child saw it in a public place or even on his or her home PC? Or on mobile, for that matter? Would the FCC step in there, as well?




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