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Janet's "Malfunction" Costs $$$

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Captain Bacardi

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Not a good week for former A&M stars. Today 20 CBS stations were fined $550,000 for Janet Jackson's "wardrobe malfunction" during this year's Super Bowl. From Reuters:

Janet Jackson Breast Flash Prompts Station Fines

WASHINGTON (Reuters) - Pop singer Janet Jackson's bare breast flash earlier this year during the nationally televised Super Bowl football game will cost 20 CBS television stations a record total of $550,000 for violating indecency rules, U.S. communications regulators said on Wednesday.

The Federal Communications Commission said it has officially voted to fine the CBS stations, owned by conglomerate Viacom Inc., $27,500 each for airing the incident.

"The U.S. Constitution is generous in its protection of free expression, but it is not a license to thrill," said FCC Chairman Michael Powell. "The context of the halftime show leads us to conclude that the breast-baring finale was intended."

Jackson's fellow singer Justin Timberlake ripped her costume, briefly exposing her bejeweled breast during the halftime show at the National Football League's championship game on Feb. 1, sparking about 542,000 complaints filed with the FCC.

Viacom has 30 days to decide whether to pay the proposed fine or contest it.

The agency decided against fining the other 200-plus CBS affiliates that aired the show but are not owned by the network, stating that they were not involved in the planning, selection or approval of the halftime festivities.

"Every licensed station broadcasting over the public airwaves has a legal obligation to uphold community standards," said Brent Bozell, head of the Parents Television Council which had complained about the Jackson incident.

In addition to owning the CBS television network, Viacom also owns the MTV network, which was involved in producing the halftime show.

The FCC said Jackson's partial nudity was in apparent violation of the broadcast indecency standard, but decided against taking action against other parts of the broadcast as well as commercials despite other complaints.

U.S. regulations bar television and radio stations from airing obscene material, and they are limited to airing indecent material, such as explicit sex talk, to late hours when children are less likely to be watching or listening.

CBS countered that it had no advance knowledge of the stunt and did not believe indecency rules had been violated.

"We are extremely disappointed in the ruling," the CBS network said in a statement. "We are reviewing all of our options to respond to the ruling."

It has been a rough week for CBS, which admitted earlier this week that its news division had been deliberately misled about the authenticity of documents it aired in a story challenging President Bush's military service.

The Jackson incident also prompted a crackdown by the FCC on the antics of television and radio stations to the point that many broadcasters are now instituting tape delays of live events to ensure they do not run afoul of the rules.

The $27,500 fine is the maximum currently allowed by law though Congress is contemplating legislation to hike that to as much as $500,000 per incident.

FCC Commissioner Jonathan Adelstein dissented from the decision only to fine the CBS-owned stations, noting that the fine was paltry compared to the $2.3 million on average the network took in for a 30-second commercial during the game.

"Today's enforcement action goes out of its way to focus narrowly on the exposure of Janet Jackson's breast on twenty CBS-owned stations," he said.

Viacom shares closed down 54 cents, or 1.6 percent, to $33.10 on the New York Stock Exchange.



Capt. Bacardi
 
Viacom is a bit out of control of late. They are willing to just consider the fines the cost of doing business- especially since this fine, for example, is petty for CBS. If it was 10 million, maybe they would be concerned.
 
Steve, I wholeheartedly agree with you. They have to re-introduce some standard of decency, or else they'll just go off the deep-end one day. I often wonder what TV production these days is coming to, as it is, what with the celebrity Jackson still enjoys.
 
Considering Damita Jo has scanned nearly 1,000,000 units in the USA without the support of a major crossover hit single ("I Want You" was a Urban Top 20 hit and Top 5 Urban AC hit, "Just A Little While" was a Top 20 Pop radio hit, and "All Nite (Don't Stop)" was a #1 Dance hit) I think the album did as well as it could have since MTV/Viacom and the FCC made it very hard on Janet to carry out her original plan for the album.

Regardless, I think she'll be just fine. She's a survivor (like her big brother).
 
Mike Blakesley said:
If that was a publicity stunt to goose Jackson's album, it was a failure. The record is a flop.

Yeah, ain't that a blip? All that noise and it did nothing to help her album. Even Kanye West - the hottest producer in R&B right now - couldn't produce sales...

Ed
 
I believe the original plan for the album was to release at least five to six singles with accompanying videos (instead of three), promote the album well through 2005, do a world tour, etc. In other words, I believe the plan was to carry out the same winning formula which worked successfully in the past.

With that said, I will reiterate that I believe Damita Jo was a moderate success. The album peaked at #2 on the Billboard 200 and Billboard R&B/Hip-Hop Albums Chart, spawned three genre specific hits at Pop, Urban and Dance, received a platinum certification and has scanned nearly 1,000,000 units.

In terms of future plans, I've heard Janet will be colloborating with L'il Jon on a new single from his upcoming album. Since urban radio (and Top 40) in general seems to be dominated by Rap/Hip-Hop, I think the wisest move would be for her to undertake baby step collaborations like this before releasing a new album.

TheFunkyFakeTation - "My Baby" (featuring Kanye West) was not released as a single, therefore, I believe your argument that the song and his contributions to Damita Jo did nothing to help the album is moot.
 
No offense intended but Kanye West also produced "I Want You", which was released as a single and had a video that was in fairly heavy rotation for a while. That single only got to #57 pop and #18 R&B. No single has climbed higher than #45 pop ("Just A Little While"). For Janet Jackson, that is most certainly a flop.

Ed
 
ThaFunkyFakeTation said:
No offense intended but Kanye West also produced "I Want You", which was released as a single and had a video that was in fairly heavy rotation for a while. That single only got to #57 pop and #18 R&B. No single has climbed higher than #45 pop ("Just A Little While"). For Janet Jackson, that is most certainly a flop.

Yeah, this is her first album to not yield a single Top 40 hit since DREAM STREET.
I don't think the Super Bowl fiasco's entirely to blame, though. In the wake of the Super Bowl "accident," releasing a CD explicit enough to get slapped with a parental advisory label and with a cover that didn't exactly help her "it was completely unintentional" defense wasn't exactly the smartest of moves, but if the Super Bowl halftime show had never happened, I STILL think this album would have taken a lot of heat in the media - most of the album reviews for DAMITA JO I remember reading complained that the album was TOO sexual [All-Music Guide called it "the aural equivalent of hardcore pornography"] and unsettling. Of course, many people - 'specially movie critics - consider "unsettling" a characteristic of great art, but "unsettling" doesn't spell "commercial." Let's be honest, DAMITA JO is not exactly the most commercial of albums.

I think she'll be okay in the long run - she just has to tame it down a bit if she expects to ever fully put all the criticism behind her. Once you've pushed one too many buttons, best to not keep trying to push 'em.
 
ThaFunkyFakeTation said:
No offense intended but Kanye West also produced "I Want You", which was released as a single and had a video that was in fairly heavy rotation for a while. That single only got to #57 pop and #18 R&B. No single has climbed higher than #45 pop ("Just A Little While"). For Janet Jackson, that is most certainly a flop.

Ed

No offense taken. I'm well aware of the Hot 100 peaks for both "I Want You" and "Just A Little While", however, as mentioned before, they were moderate genre specific hits. "I Want You" peaked at #16 Urban and #4 Urban AC, "Just A Little While" peaked at #17 at CHR/Top 40 and "All Nite (Don't Stop)" peaked at #1 on the Billboard Hot Dance/Club Play Chart. Besides, call me crazy but I think any artist that scans 1,000,000 units in the USA in this sales climate doesn't deserve the word "flop" attached to their project. True, it's Janet Jackson, however, sometimes, even our world's biggest superstars deserve a little break.

Anyways, in the long run, I think Damita Jo will go down as one of Janet's more underappreciated efforts since there's a wealth of quality material on the album that still hasn't been heard by the general public (eg. "R&B Junkie", "Thinkin' Bout My Ex", "Spending Time With You", etc.)
 
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