Page last updated at 15:18 GMT, Monday, 4 May 2009 16:18 UK

Jackson flash to be re-examined

Janet Jackson and Justin Timberlake
Jackson and Timberlake caused controversy with their half-time show

The US Supreme Court has ordered a re-examination of a ruling that threw out a fine over Janet Jackson's "wardrobe malfunction" during 2004's Super Bowl.

Federal regulators had initially fined CBS TV $550,000 (£368,000) in September 2004 for airing the glimpse of Jackson's breast during the broadcast.

But an appeals court quashed it in July last year saying the watchdog acted "arbitrarily" in issuing the fine.

Some 90 million viewers saw the incident during the half time show.

Jackson was performing alongside Justin Timberlake when he reached for her bra and the "malfunction" occurred.

About 542,000 complaints were received by broadcaster CBS.

Now the high court has directed the 3rd US Circuit Court of Appeals in Philadelphia to consider reinstating the fine imposed by the Federal Communications Commission (FCC).

The order follows a high court ruling last week that upheld the FCC's policy that subjects broadcasters to fines against even single uses of swear words on live television.

Last year, the appeals court threw out the fine against CBS, saying that as the incident lasted nine-sixteenths of one second, it should have been regarded as "fleeting".

The appeals court said CBS could not be held liable for the acts of Jackson and Timberlake - now that ruling will be reviewed in view of the Supreme Court's order in the case.

Lawyers for CBS had urged the Supreme Court to reject the FCC's appeal.

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