The Parents Television Council in the News

Paul Davidson, Viacom may see $550,000 go in a flash, USA Today, June 30, 2004.


The staff of the Federal Communications Commission is proposing to fine CBS parent Viacom (VIA) $550,000 for Janet Jackson's infamous breast-baring during the Super Bowl halftime show - but the regulators do not want to penalize the media giant's 227 CBS independent affiliate stations.

The incident set off a furor over racy programming that has fueled an FCC crackdown on indecency, federal legislation to boost fines and self-censorship by TV and radio broadcasters.

At the close of a steamy halftime show, singer Justin Timberlake ripped off a piece of Jackson's bustier, exposing her bejeweled right breast.

A staff recommendation supported by FCC Chairman Michael Powell proposes slapping each of the 20 CBS stations owned by Viacom with the maximum $27,500 fine, two FCC officials say. The proposal could be toughened by the other four FCC commissioners.

FCC staff reasoning is that Viacom should have known the episode was going to occur or taken precautions to prevent it, such as use of a several-second delay, officials say.

That conclusion is based largely on the duo's sexually suggestive performance. Also, Jackson's choreographer told MTV.com before the show that it would feature "some shocking moments." And the song, Rock Your Body, includes the lyric: "Bet I'll have you naked by the end of this song."

No proof has been unearthed, however, that the company knew of plans for the event, agency officials say. Viacom has said an internal probe found neither CBS nor Viacom-owned MTV, the show's producer, had advance knowledge. Viacom has since implemented a 5-second delay for all live entertainment shows.

At the same time, FCC investigators believe CBS' 227 affiliates had no reason to think an offensive incident would occur during a show that traditionally had more wholesome fare. Agency staffers also are recommending against fining any stations for the singers' bump-and-grind dance, concluding it did not violate decency standards.

The FCC typically considers whether a broadcaster acted deliberately in deciding whether to impose a fine for indecent incidents and how big the fine should be. FCC rules prohibit material depicting "sexual or excretory organs or activities" between 6 a.m. and 10 p.m.

Viacom spokesman Gil Schwartz says the company has not been informed of the FCC proposal and has no comment.

Some FCC officials question whether failure to sanction CBS affiliates would set a precedent, making it more difficult to penalize them for live broadcasts. But Lara Mahaney of the Parents Television Council says she agrees with the decision to fine CBS-owned stations only.