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Last Updated: Friday, 28 May, 2004, 08:32 GMT 09:32 UK
Judge rules against Janet payout
Janet Jackson and Justin Timberlake
Mr Stephenson complained the half-time show was "false advertising"
A judge in the US has ruled against a TV viewer who wanted $5,000 (2,940) in damages for Janet Jackson's "wardrobe malfunction" at this year's Super Bowl.

A judge in Salt Lake City, Utah, said Viacom, which owns CBS, was not liable for the damages Eric Stephenson claimed for "false advertising".

The father-of-three said the show, during American football's showpiece game, was billed as family viewing.

But instead, it included risque dancing and Jackson's infamous breast-baring.

Mr Stephenson filed a claim in small claims court because information in TV previews led him to believe the half-time show would include marching bands, balloons and patriotic celebration.

'Licence to lie'

But he said the show featured simulated sex by some dancers and rock star Kid Rock wearing the US flag as a poncho.

Lawyer Jeff Hunt, who represented Viacom, said Mr Stephenson had used the wrong legal process to complain about the half-time entertainment.

He said he should have filed a federal lawsuit or sent his complaint to the Federal Communications Commission watchdog, which is currently investigating the incident.

Mr Stephenson said he was disappointed and had not yet decided whether he would take the matter to a district court.

"The real loser here is the consumer," he said.

"Without a victory here, it gives advertisers a licence to lie and get away with it."


SEE ALSO:
Janet Jackson's Super Bowl strip
02 Feb 04  |  Photo Galleries
US broadcasters fight indecency
02 Apr 04  |  Entertainment
Janet flash prompts new TV rules
31 Mar 04  |  Entertainment
US TV watchdog banishes swearing
19 Mar 04  |  Entertainment
Janet Jackson flash 'accidental'
30 Mar 04  |  Entertainment
'Shock jock' slams Janet backlash
27 Feb 04  |  Entertainment


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