More than five years after the event, the FCC said it wants to further investigate whether CBS’ indecency violation in the 2004 Super Bowl—in which Janet Jackson’s right breast was briefly exposed to the TV audience—was a “willful” act because CBS didn’t use available video delay technology, reports B&C.
The case is currently at the Third Circuit Court of Appeals, which previously reversed the FCC’s fine against CBS, saying evidence that the technology was available at the time was “scant.” But on May 4, the Supreme Court vacated the Third Court ruling’s that the fine in the Jackson incident was arbitrary and capricious.
In a new brief to the court on Tuesday, the 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," and asked for the case to be remanded to the FCC for further investigation.
–Elizabeth Jensen
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