WASHINGTON, Nov. 9 (UPI) -- CBS says it should not be fined for showing Janet Jackson's breast during the Super Bowl halftime show since it was a surprise to the network as well.
"No one at the network knew, or had reason to suspect, that the halftime show would end with a glimpse of nudity," CBS said in a lengthy filing with the Federal Communications Commission.
The FCC wants to impose combined fines of $550,000 on the network and 20 of its affiliates for the show, which was produced by MTV.
The FCC said the networks had prior knowledge of and "tacitly approved, the sexually provocative nature of the Jackson/(Justin) Timberlake segment" because officials from both operations had seen them rehearse "Rock Your Body."
In its 78-page filing, CBS countered "a performance cannot be 'intended to titillate or shock' where the shocking parts of the performance were never intended in the first place. One cannot pander by accident."
The commission can choose to drop the fines or reduce them, but neither is likely, the Washington Post said, adding it will likely become a lengthy court battle over standards of decency.
