Appeal court scraps CBS 'nipplegate' fine

A $550,000 indecency fine imposed on CBS over Janet Jackson's infamous "wardrobe malfunction" during the 2004 Super Bowl has been overturned by a federal appeals court.

Twenty CBS-owned stations and numerous affiliates aired a quick flash of the popstar's right breast during a half-time performance. In what was explained as a costume "malfunction", flesh was exposed when Justin Timberlake removed a leather cup from Jackson's top.

The US Court of Appeals for the 3rd Circuit in Philadelphia yesterday rejected the Federal Communications Commission's opinion that there had been a willfull violation of decency standards.

The court said CBS did not know in advance about the exposure so could not be held responsible, and that the fine differed from the FCC's usual treatment of "fleeting material".

CBS said in a statement: "It recognises that there are rare instances, particularly during live programming, when it may not be possible to block unfortunate fleeting material, despite best efforts."

However, the regulator - which claimed the incident sparked more than 540,000 complaints - may still choose to ask the appeals court to reconsider, or take the matter to the Supreme Court.