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The end of the bleep on US television?

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New York – A single breast has the power to occupy dozens of attorneys for years — that is if the breast belongs to Janet Jackson and was seen for a few seconds live on US network television.

TV network stations and broadcast watchdogs have been arguing about the incident which happened almost seven years ago. Now a New York court has handed down an important verdict: curse words may be used again on US network television.

In 2004 Janet Jackson and Justin Timberlake performed at the Super Bowl in Reliant Stadium in Houston and were seen on television by 90 million people. Twenty-three-year-old Timberlake tore open Jackson’s costume and exposed her right breast during the act.

The breast was visible only for a few seconds but Nipplegate, as the incident came to be known, has been occupying the time of TV network companies, the Federal Communication Commission (FCC) and practically the entire broadcast industry since then.

Jackson and Timberlake denied the incident had been planned and put it down to a “wardrobe malfunction.” However, they never managed to convince everyone. Some thought it was no coincidence that Jackson’s costume tore off cleanly to reveal a pierced breast just as Timberlake sang the lyrics “I’m gonna have you naked by the end of this song.”

The immediate consequence was a hail of protest calls and fines amounting to millions for the network companies. But in addition to the financial penalties, since that day “Live” no longer means “Live” in America. “Live” broadcasts are delayed by a few seconds before they are seen by viewers so authorities can take action if the need arises.

But now the judges in New York have given the first amendment of the US constitution precedence in the matter. The freedom to express opinion also guarantees the right to expose a small piece of naked skin and to curse – at least in small quantities. Both were practically banned from network TV screens following the imposition of a ban by the FCC in 2004.

The court decided the FCC’s rules contravened the first amendment. In their verdict the three judge panel said the FCC had created a “chilling effect” by banning unscripted expletives and indecency. Does this mean the death of the bleep on US television?

Every expletive has been replaced on network television with a bleep tone. In some talkshows the bleeper has been used so much as to destroy the meaning of what was said. Other countries have similar rules but in the US the ban was also used to remove less harsh words such as “damn” from the airwaves.

However, it is still questionable whether a new – or depending on your point of view – a more liberal or indecent era has dawned. Even the winners of the case expect the decision to be reviewed by the Supreme Court. But a few of the more extreme examples of the ban’s enforcement may become a thing of the past: some broadcasters not only bleeped out expletives, they had begun in recent months to pixel over the speakers’ mouths to prevent lip readers from being insulted.

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