Janet/Justin situation may have expensive consequences

[DeltAlum]

I'm putting this in politics, although it could go in either Entertainment or Chit Chat, but the "breast bearing" episode could have serious ramifications. I post it here due to the FCC, Congressional and Presidential involvement.

UPDATE 3-U.S. watchdog investigates Jackson breast incident
February 02, 2004 8:54:00 PM ET


(Adds Houston authorities, Jackson statement)

By Jeremy Pelofsky

WASHINGTON, Feb 2 (Reuters) - U.S. regulators on Monday vowed to investigate whether indecency rules were broken during the broadcast of the Super Bowl halftime show when pop diva Janet Jackson's bodice was ripped to expose her right breast.

During the break in the National Football League's championship game Sunday in Houston, singer Justin Timberlake reached for Jackson as they performed a duet and tore off part of her black leather bustier, prompting widespread outrage.

The game garnered the best Super Bowl ratings in six years, and the incident provoked wall-to-wall coverage on cable news networks. President George W. Bush was asked to comment but said he fell asleep before the halftime show.

U.S. Federal Communications Commission Chairman Michael Powell promised a "thorough and swift" investigation of the stunt aired during one of the year's most popular American television broadcasts, which draws a major worldwide audience.

"That celebration was tainted by a classless, crass and deplorable stunt," Powell said in a statement that was echoed by others on the panel. "Our nation's children, parents and citizens deserve better."

But despite a public outcry over the incident, police in Houston said no charges would be brought because prosecutors determined there was no criminal act. Said Police Chief Joe Breshears, "actions that may seem in poor taste do not necessarily rise to the level of violations of Texas law."

The CBS network, which broadcast the game, and MTV, which produced the football halftime bonanza, apologized for what they described as an unscripted moment. Both are units of media conglomerate Viacom Inc. (VIAb) (VIA) .

Timberlake said the baring of Jackson's breast resulted from a "wardrobe malfunction," while Jackson herself said the disrobing went further than she had anticipated.

"The decision to have a costume reveal at the end of my half-time show performance was made after final rehearsals," she said in a statement issued by her publicist. "MTV was completely unaware of it. It was not my intention that it go as far as it did. I apologize to anyone offended."

Still, Jackson's label Virgin Records, capitalized on the attention, announcing that her new single "Just a Little While," was being delivered to U.S. radio outlets on Monday, ahead of schedule.

Virgin said track from her upcoming album, "Damita Jo," was released early due to a "firestorm of interest" fueled by unauthorized Internet downloads of the song.

'BROADCAST STANDARDS'

The episode comes as television networks find themselves on the defensive over the bounds of good taste, with the FCC taking a more aggressive stand against indecency and Congress threatening to sharply raise fines for such incidents.

"We attended all rehearsals throughout the week and there was no indication that any such thing would happen," CBS said. "The moment did not conform to CBS broadcast standards and we would like to apologize to anyone who was offended."

The NFL said it would not likely allow MTV to produce another halftime show.

Some questioned whether it was unplanned since MTV's Web site promised ahead of the show "shocking moments" and Timberlake sang the line "I'll get you naked by the end of this song," moments before the incident.

Complaints flooded into the FCC about Jackson and male singers grabbing their groin area while performing. The FCC could fine each station that aired the show up to $27,500 per violation as well as consider revoking broadcast licenses.

"Whether or not CBS executives did or did not know in advance is irrelevant, Viacom executives had the duty to know." said Parents Television Council President Brent Bozell who urged the FCC to fine each station the maximum.

The FCC already is considering action against General Electric Co.'s (GE) NBC network for an incident in which U2 rocker Bono uttered an expletive during a live broadcast.

Federal rules bar the broadcast of obscene material and limit the airing of indecent material that contains offensive sexual or excretory references to late night hours when children are unlikely to be watching. (additional reporting by Ben Berkowitz and Steve Gorman in Los Angeles and Larry Fine in New York.) REUTERS

© 2004 Reuters

DeltAlum comment: After spending a lot of years as a TV director, and judging by the quick reaction (in my opinion, impossibly quick), I have trouble believing that this was an accident. Perhaps it went farther than expected, but I think it was planned. But I don't put a whole lot of trust in the folks at MTV. Only my opinion, though.