“Fallout!” and “Nipplegate” are the sardonic headlines heralding across the U.S. as the latest national fiasco unfolds.

Janet Jackson’s “wardrobe malfunction”, as she describes it, at this year’s Super Bowl half time show is reaping backlash from all directions.



Most outrage comes from those furious at the unexpected display of nudity as one of the largest television audiences of the year (89.6 million viewers) looked on.

The Federal Communications Commission (FCC), which regulates standards of decency on television and the airways, is coming down hard on CBS who they have deemed responsible for the incident.

Other complaints have been brought forward by watchdog groups such as the Parent Television Counsel and private citizens, who like one woman, tried to sue CBS for irreparable harm done to her son from watching the halftime show.

Janet Jackson’s breast aside, let us focus on the FCC.

Popular Culture vs. the Censors

The FCC’s power to regulate standards of decency comes from a 1970’s Supreme Court ruling, FCC v. Pacifica Foundation. In this case a California radio station aired a monologue of famous comedian George Carlen entitled “Seven Words You Can Never Say on Television.”

The Supreme Court ruled in favor of the FCC defining indecency for broadcasters as any “sexual or excretory activities or organs.”

While the culpability of Jackson is obvious under these grounds, it is the second half of the ruling; “patently offensive as measured by contemporary community standards”; that brings into focus a growing MTV culture that accepts and capitalizes on sex appeal.



Other performances at the same half time show included crotch grabbing, “salacious” dancing, and “onstage copulation,” as FCC chairman Michael Powell described it.

However, if offensiveness of an act is measured by “contemporary community standards”, it begs the question:

Why is so much energy being dedicated to prosecute CBS for an offense that the majority of Americans (80% when polled by the Associated Press) have deemed a waste of time and money?

Who decides what is socially acceptable?

Generally the watchdog groups such as the Parent Television Counsel act as powerful forces of influence upon what is deemed acceptable.

Other family and religious organizations have their say, as well as citizens who call in to express concern.

Every network, radio station and newspaper have standards of decency they have to follow in order to ensure the respectability and quality of their publication.

These standards, however, have always reflected a gap between what may be socially acceptable in the day-to-day reality of common people, amongst the people, and standards of appropriateness that all mediums of communication must follow.

Shock jock Howard Stern, for example, has a very strong following of listeners. Despite his entirely raunchy style, frequent nudity and vulgarityamong other things, he has remained on the air since the 80’s due to sky high ratings brought in from listeners who prefer his controversial humor.

Stern was only recently pulled off the air ways by Clear Channel Radio for airing the audio portion of the Paris Hilton sex tape.

“We will not air Howard Stern on Clear Channel stations until we are assured that his show will conform to acceptable standards of respectable broadcasting,” said John Hogan, president and CEO of Clear Channel Radio.



Until now context has been the guiding factor in determining suitability of content. The popular TV show ER, for example, showed during primetime the breast of a female patient being examined.

The context of the exposure was deemed appropriate at the time but after the Super Bowl a similar scene was edited out.

This appears to be evidence of tightening decency standards across the board.

Censors find they need to determine the difference between social commentary and “vulgarity for the sake of vulgarity”.

Who is Responsible?

While NFL officials far from condone Janet Jackson’s eye-catching incident, their decision to allow MTV to perform the half time show stems from an enterprising desire to attract a demographic of males between the ages of 18 and 24.

According to Neil Pilson, a television consultant, advertisers “covet” this demographic because many lifetime decisions are made during that time about product preferences.

The NFL is promising a far more appropriate and quality half time show for next years Super Bowl.



The decision is being made as to who should take the fall and Powell has expressed his willingness to impose total liability upon broadcasters regardless of fault.

CBS is now facing a federal government inquiry.