A federal appeals court has upheld a 2008 ruling that the Federal Communications Commission wrongly fined CBS for Janet Jackson's infamous "wardrobe malfunction" during the 2004 Super Bowl halftime show, according to Bloomberg.
Jackson and CBS were fined $550,000 after Jackson's breast appeared on live television for 9/16 of a second. However, in July 2008, the U.S. Court of Appeals in Philadelphia ruled that the FCC's policy of defining indecency was "arbitrary and capricious."
In the new ruling on Wednesday, the court held that the FCC had not properly informed CBS about the changes in indecency enforcement and voided the fine.
"While we are disappointed by the court of appeal's decision, we note that the court overturned the FCC's 2006 forfeiture order on narrow procedural grounds," Neil Grace, a spokesman for the U.S. Federal Communications Commission said in an statement. "In the meantime, the FCC will continue to use all of the authority at its disposal to ensure that the nation's broadcasters fulfill the public interest responsibilities that accompany their use of the public airwaves."
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