The Federal Communications Commission hit CBS on Wednesday (September 22) with a proposed maximum fine of $550,000 for "violation of indecency rules," stemming from its broadcast of the Super Bowl XXXVIII halftime show in February.
The
proposed fine, technically called a "notice of forfeiture" since the FCC cannot fine a company outright, is based on the now-infamous incident that occurred at the end of the halftime show, in which Justin Timberlake pulled off a piece of Janet Jackson's clothing, which exposed her breast. The show was co-produced by CBS and MTV, both owned by parent company Viacom.
In a statement released one day after the Super Bowl, Jackson took responsibility for the incident, saying, "MTV was completely unaware of it. It was not my intention that it go as far as it did. I apologize to anyone offended — including the audience, MTV, CBS and the NFL" (see "Janet Apologizes, Says Super Bowl Stunt Went Too Far"). MTV released a similar statement, saying the breast-baring incident was "unrehearsed, unplanned and completely unintentional" (see "Janet, Justin, MTV Apologize for Super Bowl Flash").
The FCC's notice of forfeiture is based not only on Viacom's involvement in the production of the show, but also due to "the history of indecency violations committed by Viacom's Infinity Broadcasting Corporation." Infinity Broadcasting produces Howard Stern's radio show, which in the past has been hit with several notices of forfeiture from the FCC (see "FCC Reverses Ruling On Bono Profanity, Hits Howard Stern With Maximum Penalty").
The notice's total of $550,000 comes from the FCC fining 20 Viacom-owned CBS affiliates the maximum of $27,500 for broadcasting the incident. Stations fined include KCBS-TV in Los Angeles, WCBS-TV in New York, WFOR-TV in Miami and WWJ-TV in Detroit.
An FCC notice of forfeiture asks a company to forfeit money for violating regulations. The company has 30 days to challenge the FCC's notice, and if the company doesn't forfeit the money within that time period, the FCC enlists the aid of the Justice Department to collect the funds.
This report is from MTV News.
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