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The Movie Buff: TELEVISION REVIEW

	Keeping Abreast of Janet Jackson's "Wardrobe Malfunction"
Our Rating:
Date:	February 1, 2004 Super Bowl Halftime Show
Studio:	CBS-TV

REPRINTS OF OUR RUNNING COMMENTARY February, 2001 I missed the moment, sorry. All 1.3 seconds of it. The biggest television moment of the year, and I spent it reaching for more chips and dip. I suspect about 98% of those tuned in to the Super Bowl halftime “extravaganza” did the same. It was a non-event. Over in (pardon the pun) a flash. It was only a few hours later when I watched Fox News after the game did I realise “the morals of the country had been corrupted” right in front of me. Fox replayed the 1.3 seconds over and over and over (in slow motion, stop-motion, reverse, and always pixilated) to be sure I knew I had been offended. Yessir, nothing like a little “skin” to boost those network ratings! In my opinion, it was a stupid, self-centered act by a spoiled rock star who thought she could get away with it because, well, she IS who she is. Only this time, someone pushed back. Let’s also face this fact: Janet’s little stunt is going to hurt the naturist movement. It further cemented the public perception that exposed skin is “sinful” and that children need protection from such vile exhibitionism (although I have yet to hear anyone under 20 complaining who actually saw it, have you?) Fallout from the incident has already occurred over at NBC, which cut a 1-second view of an exposed chest on ER during an attempt to save the 75-year old woman’s life. 75-years old!!! I guess a one-second flash of an elderly person’s breast is now too hot to handle.

In a perfect “body-accepting” world, Ms. Jackson could have performed the entire song entirely nude and nobody would have cared. Instead she opened the door to self-appointed moralists pushing their own anti-nudity agendas. (Funny how quickly those agendas got on the air too, like they were all ready to go?)

By the way, I have yet to hear any protests about the x-rated language of the LYRICS of the songs that were sung on the same halftime show! Hmmm…another double standard?

The uproar continues unabated this month over Janet Jackson’s breast.

As predicted here last month, the US House of Representatives opened hearings and were so “shocked and appalled,” that they raised the fine for network indecency from $27,000 to $500,000 per incident, with a license-revoking hearing required after three offenses.

Some members of Congress voiced support to extend the current restrictions on regular network shows against sexually explicit (including “nude”) material to all cable and satellite channels. A parade of network CEOs (CBS, NBC, Viacom, Cox) announced they had voluntarily imposed a 5 to 10 second delay in all live programming (radio as well as TV) so that “it couldn’t happen again.” Exactly WHO will have their finger on that “delay button” was not disclosed (Ashcroft? Falwell?)

Since my last column, long-running television shows that occasionally have brief partial nudity in their story lines, like NYPD Blue and ER, have now had those scenes cut before airing.

On Feb 25, Clear Channel radio cancelled shock jock Howard Stern’s show on all its stations. After 10 years of continued high ratings.

Clear Channel radio also fired another shock jock, “Bubba the Love Sponge,” whose ratings were ranked first in his Florida morning time slot. John Hogan, president of Clear Channel told members of the House Energy and Commerce telecommunications subcommittee he was “ashamed” of the “Bubba” show. But not too ashamed to have put it on the air six years ago!

As we were going to press we heard that a local NPR commentator at KCRW was summarily fired for saying "Fuck"on one of her shows. The station engineer fogot to bleep it out, as was the original intent. The station manager is quoted as saying, “Everyone is running scared.”

Are Nudists and Naturist Resorts next?

During the past month several state legislatures (Kansas, Wisconsin, Texas) have had bills introduced to declare as a “sexually violent crime” anyone convicted for nudity or indecent exposure. Similar legislation was beaten back in Washington State. Delicate negotiations have been upset for a proposed nudist beach at Assateague, Maryland.

In Virginia the legislature voted 98-1 to close any nudist resort that allows children to attend summer camp there without their parents (what parent goes to summer camp????)

Locally, the city of El Cajon, CA, is considering a strong anti-nudity city ordinance drafted by the former director of the National Family Legal Foundation, a fiercely anti-nudity organization based in Scottsdale, AZ.

This may get worse for us before it gets better. Thanks again, Janet!

CBS got the bill Wednesday for Janet Jackson's eye-catching flash dance during the Super Bowl halftime show: a record $550,000.

The Federal Communications Commission voted unanimously to fine each of the 20 CBS-owned television stations $27,500, which is the maximum penalty for indecency. The singer's right breast was briefly exposed to millions of television viewers during the show.

The fine is the largest against a television broadcaster.

"As countless families gathered around the television to watch one of our nation's most celebrated events, they were rudely greeted with a halftime show stunt more fitting of a burlesque show," said Michael Powell, the commission chairman.

The FCC decided not to fine CBS's more than 200 affiliate stations, which also aired the halftime show but are not owned by the network's parent company, Viacom Inc.

The agency cited the "unexpected nature of the halftime show and the apparent lack of involvement in the selection, planning, and approval of the telecast" by the affiliates.

The two Democrats on the five-member FCC panel said the fine should have been higher. It amounted to a "slap on the wrist" for such a huge company, said one commissioner, Jonathan Adelstein. He said the agency could have sent a stronger message by also reprimanding CBS' affiliates.

A statement issued by CBS said it is reviewing its options to respond to the ruling. The company has 30 days to ask for reconsideration and provide an explanation as to why the network should not be held liable. [Note: In November, 2004 CBS said itr would appeal its fine, saying it had no advanced warning of the stunt and therefore should not be held liable.]

"While we regret that the incident occurred and have apologized to our viewers, we continue to believe that nothing in the Super Bowl broadcast violated indecency laws," the network said. "Furthermore, our investigation proved that no one in our company had any advance knowledge about the incident."

Federal law bars radio and non-cable television stations from airing, between 6 a.m. and 10 p.m., references to sexual and excretory functions. Those are the hours when children are more apt to be watching television. Once a complaint is made to the FCC, the agency determines whether the broadcast was indecent.

The FCC has stepped up enforcement of the statute in recent years as complaints mounted about a coarsening of public airwaves. Critics, including radio host Howard Stern, claim the FCC is seeking to stifle free speech.

Jackson was at the end of a racy duet with singer Justin Timberlake when he ripped off a piece of Jackson's black leather top, exposing her right breast.

Timberlake blamed a "wardrobe malfunction." CBS was quick to apologize to viewers. The incident generated a record number of FCC complaints -- more than 500,000!

Earlier this year, both the House and Senate passed legislation that would dramatically raise indecency fines. The House voted to raise the fine to $500,000, while the Senate voted to increase it to $275,000 per indecent incident, with a cap of $3 million per day. Differences between the measures are being reconciled, with final passage assured and a signature from President Bush a slam-dunk before election day.

Since March, all four television networks began using broadcast delays on live programs. CBS, for example, aired the Grammy awards ceremony a week after the Super Bowl with a five-minute delay. More recently, ABC used a 10-second delay for a pregame show to kick off the NFL season.

For her part, Jackson has apologized to all, taking total blame for the "malfunction." But what malfunctioned more were the networks and the Congress, who caved to a small group of loud, self-appointed public moralists who want to make sure that freedom of speech always has a 10-second delay.