Janet Jackson: "Wardrobe malfunction" to be reviewed by FCC

Janet Jackson: "Wardrobe malfunction" to be reviewed by FCC

The U.S. Federal Communications Commission said on Tuesday that the agency will review the incident regarding Janet Jackson's 2004 Super Bowl performance with Justin Timberlake.

Jackson’s right breast was exposed for almost a fraction of a second to over 90 million viewers during the live 2004 Super Bowl football halftime show. The pop singer Justin Timberlake, who was onstage also, later called the incident a "wardrobe malfunction".

Lawmakers and regulators were outraged and vowed a crackdown on broadcast indecency. During the Bush administration, CBS Corp.'s CBS Television was fined $550,000 by the FCC.

In May, the U.S. Supreme Court ordered a lower court to reconsider the ruling against CBS Corp Television. Then the case sent back to a federal appeals court in Philadelphia for further review.

The appeals court ruled in favor of CBS, stating that the FCC acted "arbitrarily and capriciously" for issuing the fine for a fleeting image of nudity.

In a filing with the U.S. appeals court on Tuesday, the FCC asked the court to allow the agency to review whether CBS was reckless by failing to use a video delay technology. In the court document, FCC said, "The evidence in this case strongly suggests that CBS had access to video delay technology at the time of the 2004 Super Bowl".