CBS appeals $550,000 fine for Janet Jackson's 'wardrobe malfunction'

More than three years after Janet Jackson's scandalous Super Bowl halftime show, CBS is in courtappealing a $550,000 US fine issued by government regulators for her "wardrobe malfunction," which exposed the singer's right breast.

The U.S. Circuit Court of Appeals in Philadelphia is hearing arguments from lawyersforthe U.S. broadcasterandfor the Federal Communications Commission, orFCC.

On Feb. 1, 2004, Jackson sang at the Super Bowlwith Justin Timberlake, performing Timberlake's song Rock Your Body, which concludes with the line "I gotta have you naked by the end of this song."

At the end, Timberlake reached over and pulled off a leather patch on Jackson's top, exposing her right breast, which was decorated with an elaborate nipple ring.

Both sides blamed it on a "wardrobe malfunction," and the ensuing controversy resultedin a move by the U.S. House of Representatives to hike indecency fines.

The FCC received half a million complaints, a record for the regulator.

Robert Corn-Revere, a CBS lawyer, contended the breast-revealing moment was accidental and that "fleeting, isolated or unintended" images should not be considered indecent by the FCC.

Corn-Revere said network officials did not know about the "costume reveal" and did not sanction it.

He argued the network took several precautions, including reviewing the script and applying a five-secondbroadcast delay.

"I think the precautions CBS took even satisfied the FCC's standards," Corn-Revere said.

The FCC countered by saying CBS approved a "highly sexualized performance" and should have known what was going to happen.

FCC lawyer Eric Millersaid Jackson's choreographer had been quoted just three days prior to the performance as saying there would be "some shocking moments."

Miller said Jackson and Timberlake were effectively employees of CBS and, therefore, the network would have to pay for their "wilful" actions.

If the fine is upheld, it will be the largest ever levied against a TV broadcaster.