From Deseret News archives:

FCC orders probe into halftime show

Jackson exposure sparks outrage and possible hefty fines

Published: Tuesday, Feb. 3, 2004 6:24 a.m. MST
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NEW YORK — The nation's top communications regulator ordered an investigation Monday into the Super Bowl halftime show that included the exposure of pop star Janet Jackson's right breast, saying he was outraged by what he called "a classless, crass and deplorable stunt."

CBS and MTV, both owned by Viacom Inc., apologized for the incident, saying they had no idea singer Justin Timberlake would tear off part of Jackson's costume during the Sunday sports broadcast, which reached a television audience of more than 89 million people.

Although Timberlake issued a statement shortly after the show blaming the debacle on a "wardrobe malfunction," in comments to the syndicated show "Access Hollywood" right after the incident, he didn't seem too sorry.

"Hey man, we love giving you all something to talk about," he said, laughing.

Jackson's official Web site was bombarded with angry postings. Her spokeswoman, Jennifer Holiner, said a red lace garment was supposed to remain when Timberlake tore off the outer covering.

In a statement released Monday night, Jackson said it was a last-minute stunt that went awry.

"The decision to have a costume reveal at the end of my halftime show performance was made after final rehearsals. MTV was completely unaware of it," she said. "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."

After the broadcast, viewer complaints poured into CBS and the Federal Communications Commission.

"Like millions of Americans, my family and I gathered around the television for a celebration," FCC Chairman Michael Powell said. "Instead, that celebration was tainted by a classless, crass and deplorable stunt. Our nation's children, parents and citizens deserve better."

Powell said the FCC's investigation will be "thorough and swift." The result could be millions of dollars in fines if each affiliate station that aired the program is penalized.

The new probe comes as the agency has stepped up its enforcement of indecency in radio and television broadcasts. The FCC has recently faced growing criticism from watchdog groups and lawmakers for not doing enough to protect the public from sex, violence and vulgarity on the airwaves.

In this charged political environment, Powell "has become increasingly sensitive to these pressures," said Blair Levin, an analyst with the Legg Mason investment firm and a former FCC official.

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