It wasn?t as dramatic as the ?wardrobe malfunction? that set everyone atwitter in 2004, but British singer M.I.A?s extended ? if blurry ? middle finger could add up to another Super Bowl headache for the FCC.
M.I.A.?s gesture was potentially seen by some 110 million viewers who watched the big game on NBC and uncounted others online. She also appeared to sing, "I don't give a (expletive)" after joining Madonna during the halftime show. Her actions quickly brought an apology from the network and the NFL.
Continue Reading?The obscene gesture in the performance was completely inappropriate, very disappointing and we apologize to our fans," said Brian McCarthy, spokesman for the NFL, which produced Madonna's halftime show, according to the Associated Press.
The risqu? moment came once again during the halftime show. The screen briefly went blurred after M.I.A.'s gesture in what was a late attempt ? by less than a second ? to cut out the camera shot.
"The NFL hired the talent and produced the halftime show," NBC spokesman Christopher McCloskey told the AP. "Our system was late to obscure the inappropriate gesture and we apologize to our viewers."
M.I.A.?s gesture comes as the U.S. Supreme Court is deciding the constitutionality of the FCC?s ?fleeting expletive? policy. The policy came about after several well-known celebrities used profanity on the air.
While it has an impact on the ?wardrobe malfunction,? the case before the high court does not involve Janet Jackson, another singer who made headlines during a halftime show in which one of her breasts was exposed. That case resulted in a record $550,000 fine from the FCC for CBS, the network that aired the show. But the fine was thrown out on appeal in November.
The offensive gesture in Sunday?s Super Bowl is likely to come before the commission, but the FCC would have to receive a complaint before it takes action. Even with a complaint, the commission is likely to delay action as it has put most issues concerning its indecency policy in deep freeze until the court issues its opinion.
The FCC had no comment Monday.
The commission is already embroiled in a free speech issue as anti-abortion activist Randall Terry is threatening to appeal a decision by the FCC Media Bureau that allowed NBC to keep his presidential campaign ad that features images of fetus parts off the air during the game.
This article first appeared on POLITICO Pro at 8:57 a.m. on February 6, 2012.
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