Chairman Powell, Commissioners Abernathy, Copps, Martin and Adelstein.

Although the Commission found that other, non-Viacom owned CBS affiliates also aired the material, it did not propose forfeitures against them because of the unexpected nature of the halftime show and the apparent lack of involvement in the selection, planning, and approval of the telecast by these non-Viacom owned affiliates.Īdopted by the Commission: August 31, 2004, Notice of Apparent Liability for Forfeiture (FCC 04-209). It proposed the statutory maximum amount against each of the Viacom-owned CBS licensees of the 20 television stations that aired the show due to the involvement of Viacom/CBS in the planning and approval of the telecast and the history of indecency violations committed by Viacom's Infinity Broadcasting Corporation subsidiaries. The Commission found that this partial nudity was, in the context of the broadcast, in apparent violation of the broadcast indecency standard. The show contained a musical performance that concluded with Justin Timberlake pulling off part of Janet Jackson's clothing, exposing her breast. for apparently willfully broadcasting indecent material during the FebruSuper Bowl XXXVIII halftime show. Washington, D.C.: The Federal Communications Commission today issued a Notice of Apparent Liability for Forfeiture of $550,000 against various subsidiaries of Viacom Inc. He unintentionally exposed the female singer's breast and nipple on live, national television. The FCC permitted the shows to air as planned.Īt the FebruSuper Bowl, during a halftime performance, singers Justin Timberlake and Janet Jackson were in mid-performance when Timberlake, as part of a choreographed move, tore Jackson's costume.

time slots crossed the line into indecency. Many conservative groups such as Reverend Donald Wildmon's American Family Association complained and protested that the nudity and use of profanity on NYPD Blue and other shows in 10 p.m. time slot, however, it was not affected by FCC rules about programming shown between 6 a.m. Words such as 'bitch' were spoken on the show as well because the show was in the 10 p.m.

In 1993, the first season of the television show NYPD Blue ushered in a new level of nudity on network television, showing a main character naked from behind. California, in which the Supreme Court determined that the definition of obscene or indecent material is community-driven-what is acceptable for one community might not be acceptable for another. Once the Commission determines that the material aired falls within that definition, we must then evaluate whether the broadcast is patently offensive as measured by con-temporary community standards for the broadcast medium.' The use of community standards refers to the 1973 United States Supreme Court case Miller v. The definition of 'indecent' material, according to the FCC, is material which 'describe or depict sexual or excretory organs or activities. (b) No licensee of a radio or television broadcast station shall broadcast on any day between 6 a.m.

The rule states that: '(a) No licensee of a radio or television broadcast station shall broadcast any material which is obscene. In addition, the FCC, in 2004, reaffirmed a 1995 rule concerning obscene and indecent material. Cable programming and satellite radio, both subscription services, have far less restrictive FCC oversight and can broadcast nudity and profanity that does not cross the line into obscene material. The FCC restricts or prohibits the discussion or use of certain words deemed to be indecent and restricts nudity on network television. The FCC was created in 1934 and merged rules from the Federal Radio Commission, the Interstate Commerce Commission, and the Postmaster General.Ĭontrolling and monitoring the content of information broadcast on radio and television stations and programs falls under the auspices of the FCC. The Federal Communications Commission is responsible for regulating and managing communications across wire, radio, television, and the Internet in the United States. Source: 'FCC Proposed Statutory Maximum Fine of $550,000 Against VIACOM-owned CBS Affiliated for Apparent Violation of Indecency Rules During Broadcast of Super Bowl Halftime Show.' FCC News (September 22, 2004).Ībout the Author: The Federal Communications Commission, established in 1934 with the Communications Act, is a federal agency of the United States charged with regulating interstate and national communications. FCC Proposed Statutory Maximum Fine of $550,000 Against VIACOM-owned CBS Affiliates for Apparent Violation of Indecency Rules During Broadcast of Super Bowl Halftime Show

Streaker at super bowl fine