LOS ANGELES — If the Federal Communications Commission tries to make an example out of CBS by leveling huge fines, CBS intends to take the FCC to court. As well it should.
Six months after Janet Jackson's breast-baring incident at the Super Bowl, that half-second of indecency continues to be the flashpoint in the current debate over TV content. "Looking back, it seems like ancient times before the term 'wardrobe malfunction' became a part of our lexicon," said Viacom co-president and co-COO Leslie Moonves, whose duties include running CBS.
He didn't minimize what happened, but he also (quite correctly) urged it not be blown out of proportion. Reportedly, FCC staffers have recommended that the 20 CBS-owned-and-operated stations (including KUTV-Ch. 2 in Utah) be fined a total of more than a half-million dollars for Jackson's actions.
"We obviously had no control about it," Moonves said. "We deeply regret what happened. Having said that, we think the fine is inappropriate."
It's obviously an effort to punish the network for something it didn't see coming. Jackson has made it clear that no one at the network (or at corporate cousin MTV) knew anything about her plans, which she also maintains went further than she intended.
"We think it is grossly unfair that anybody to be fined for that," said Moonves, adding that CBS now uses a five-second delay on live events other than news and sports. "We think the idea of a fine for that is patently ridiculous, and we're not going to stand for it. We're going to take that to the courts if it happens. . . . It's perilously dangerous."
And it's patently unfair to fine only CBS-owned stations. That's the only way the FCC can get at the network, but if it's indecent on a station owned by CBS, how is it not indecent on a station affiliated with CBS?
As tends to be the case, the Janet Jackson incident is hardly what anybody would like to hold up as an example when it comes to any debate over free speech. This was a woman who was looking to boost her fading career with a stunt.
But would we be having this debate if, while CBS cameras were trained on the game, they caught for a half-second a streaker who made his way onto the field? No.
There's no question that this is a debate that broadcasters, the public and the FCC need to have. But this looks more like a knee-jerk reaction that's as overblown as coverage of the Jackson incident itself.
"While we share the public's outrage over the Super Bowl incident, we hope this rush to judgment settles down," Moonves said. "A media free of government censorship is essential to our democracy and our business. Some of the developments coming out of Washington are coming dangerously close to infringing on our First Amendment rights. We're confident that the public's appetite for great content — shows that provoke laughter, outrage, thought — will always win out in this kind of battle."
That is, quite obviously, self-serving. Anybody who's ever watched TV knows that it isn't easy to find thought-provoking programming. And we all know that commercial television — whether broadcast or cable — is in business to make money.
Quite frankly, I often cringe at the decisions made by network executives, TV writers and producers, who sometimes seem completely out of touch with most of America. But if there is one group that has consistently proved it knows less about television and less about TV viewers than network execs and producers — it's politicians.
The thought of the government determining what's on TV is about the only thing I can think of scarier than the way things are now.
"It seems to be a fairly easy issue, because who out there isn't against indecency?" Moonves said. "It's clearly a lightning rod in Washington right now, and we have to pay attention to it."
The fact is that some of the best TV is going to offend somebody. And, these days, there are so many groups with their own agendas that just about anything can elicit a protest.
"We're always keeping the public's standards in mind, but we will vigorously defend our right to produce such content as some may deem to be controversial," Moonves said. "We believe the . . . public will not tolerate government censorship, and we're going to stand very strong on that."
LEARNED A LESSON: It will be a few years before CBS airs another Super Bowl, but expect some changes the next time the network has the game.
"We've already booked the Young Americans to do the halftime show," Moonves said. "And Andy Williams is making a comeback."
E-mail: pierce@desnews.com