The proposed fines signal that the crackdown on US broadcasters is still going strong, following the moral outrage provoked by the infamous Super Bowl 2004 "Nipplegate" incident when Janet Jackson flashed a breast, which famously went on to be described as a "wardrobe malfunction".
The US broadcast regulator yesterday upheld its decision to fine 20 CBS stations $550,000 for that incident, while also proposing $3.9m worth of fines resulting from the backlog of complaints it has received since then.
A December 2004 episode of detective show 'Without a Trace', which featured scenes suggesting a teenage orgy, attracted $3.6m of that total. It was screened during primetime by 111 CBS affiliate stations, so the network and affiliates will share 111 maximum fines of $32,500.
"Although the scene contains no nudity, it does depict male and female teenagers in various stages of undress," the FCC said.
CBS said it strongly disagreed with the FCC's findings and intended to pursue all legal remedies against the fine.
The networks had hoped the FCC under new chairman Kevin Martin would be more lenient than his predecessor Michael Powell, who imposed a record $7.9m in fines in 2004.
However, Martin has previously called for higher maximum fines. After the Super Bowl incident, legislation was proposed that would have led to a $500,000 maximum, but this appears to have lost momentum.
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