FCC Jumps Into Bared Breast Flap

The chief U.S. government regulator of broadcasting said Monday he was outraged by the Super Bowl halftime show in which Justin Timberlake tore off part of Janet Jackson's costume, exposing her breast, and said he was ordering an immediate investigation.

Timberlake blamed a "wardrobe malfunction," but Federal Communications Commission chief Michael Powell called it "a classless, crass and deplorable stunt."

MTV, which produced the show, and CBS, which broadcast it, both said they had no idea that their halftime show Sunday night would include such a display.

"CBS deeply regrets the incident," spokeswoman LeslieAnne Wade said.

The two singers were performing a flirtatious duet to end the halftime show, with Timberlake singing, "Rock Your Body," and the lines he sang at the moment of truth were: "I'm gonna have you naked by the end of this song."

With that, Timberlake reached across Jackson's leather gladiator outfit and pulled off the covering to her right breast, which was partially obscured by a sun-shaped, metal nipple decoration.

The network quickly cut away from the shot, and did not mention the exposure on the air.

In a statement, Powell said, "I am outraged at what I saw during the halftime show of the Super Bowl. Like millions of Americans, my family and I gathered around the television for a celebration. Instead, that celebration was tainted by a classless, crass and deplorable stunt. Our nation's children, parents and citizens deserve better."

He told the commission to open an investigation, promising it would be "thorough and swift." Such an investigation could result in a fine of up to $27,500 or — if the FCC applied the sanction to each CBS station — in the millions.

Messages left with Jackson's record company and her personal publicist were not returned Monday morning.

Timberlake said he did not intend to expose Jackson's breast.

"I am sorry that anyone was offended by the wardrobe malfunction during the halftime performance of the Super Bowl," Timberlake said in a statement. "It was not intentional and is regrettable."

Wade said CBS officials attended rehearsals of the halftime show all week, "and there was no indication any such thing would happen. The moment did not conform to CBS' broadcast standards and we would like to apologize to anyone who was offended."

The Super Bowl halftime show, which also featured P. Diddy, Nelly and Kid Rock, was produced by MTV, CBS' corporate cousin in Viacom.

NFL commissioner Paul Tagliabue called the conduct "offensive, embarrassing to us and our fans, and inappropriate."

"We will change our policies, our people and our processes before the next Super Bowl to ensure that this entertainment is far more effectively dealt with," he said.

Joe Browne, NFL executive vice president, said earlier that it was "unlikely that MTV will produce another Super Bowl halftime."

MTV issued a contrite statement, saying the incident was "unrehearsed, unplanned, completely unintentional."

The FCC has come under fire from lawmakers and outside groups who say the agency hasn't done enough to shield the public from indecent programming on radio and TV.

Legislation has been introduced in Congress to increase by 10-fold the $27,500 maximum fine that the FCC can levy for indecency. The Bush administration has endorsed the bill raising the fine to $275,000. The agency itself has said it may start issuing the fine per incident rather than per program, and is talking about revoking licenses.

Over-the-air U.S. television channels cannot air "obscene" material at any time and cannot air "indecent" material between 6 a.m. and 10 p.m. The FCC defines obscene material as describing sexual conduct "in a patently offensive way" and lacking "serious literary, artistic, political or scientific value." Indecent material is not as offensive but still contains references to sex or excretions.

In an interview posted on MTV.com in the days before the show, Jackson's choreographer, Gil Duldulao, talked about the show, saying: "She's more stylized, she's more feminine, she's more a woman as she dances this time around. There are some shocking moments in there too."