Apology Enough After Janet Stunt?

Janet Jackson apologized Monday for an incident in which one of her breasts was bared for a moment as she sang with Justin Timberlake during the Super Bowl halftime show Sunday night.

In a statement released Monday night, Jackson said it was a last-minute stunt that went awry.

"The decision to have a costume reveal at the end of my halftime show performance was made after final rehearsals. MTV was completely unaware of it," Jackson said. "It was not my intention that it go as far as it did. I apologize to anyone offended — including the audience, MTV, CBS and the NFL."

CBS, MTV, the NFL, and Justin Timberlake had already apologized for the incident, but none of that is deterring the federal government from looking into the too-revealing halftime show.

"If the standard were you could do whatever you want and apologize the next day, then there would be no consequences, I think we would see even a worsening of television," Federal Communications Commission chief Michael Powell said on CBS News' Early Show. "I'm very appreciative that they're regretful. I'm certainly saddened and regretful as well. They've pledged to cooperate fully with the investigation. But I think there's more to find out here. There's a lot of evidence that suggests there was some prior thought of this incident."

Powell, who was watching the broadcast with his family, promised the investigation into whether CBS violated decency laws, with potential fines of up to $27,500. If applied to each CBS station, the fine could reach into the millions.

"I think I was doing what millions of Americans were doing sitting in a family room with family and children, watching an already risqué halftime show and then was flabbergasted and couldn't believe what I was seeing and knew I would have a long day the next morning," Powell told Early Show co-anchor Harry Smith

"I think our investigation has to determine whether it legally violates the definition of indecency or obscenity," Powell said. "But it is classless and deplorable and really a juvenile form of entertainment. I think we have always wanted to be careful about that kind of content being available at a time where there is a high probably of children watching. I really think that line was crossed ... "

According to the FCC, non-cable TV channels cannot air "obscene" material at any time and cannot air "indecent" material between 6 a.m. and 10 p.m. The FCC defines obscene as describing sexual conduct "in a patently offensive way" and lacking "serious literary, artistic, political or scientific value." Indecent material is not as offensive but still contains references to sex or excretions.

The controversy erupted Sunday when Timberlake snatched off part of Jackson's bustier on stage, revealing a breast clad only in a sun-shaped "nipple shield" in front of some 89 million viewers.

"This was done completely without our knowledge," said Chris Ender, entertainment spokesman for CBS, which was deluged with angry calls. "It wasn't rehearsed. It wasn't discussed. It wasn't even hinted at. ... This is something we would have never approved. We are angry and embarrassed."

The NFL said it was "extremely disappointed." Several members of Congress, the Parents Television Council and the Traditional Values Coalition expressed outrage.

Even halftime producer and CBS corporate Viacom cousin MTV — the network that broadcast Madonna kissing Britney Spears at last August's MTV Awards — was contrite.

"Unrehearsed, unplanned, completely unintentional," said MTV.

"It's hard to believe that even MTV, which likes to push the envelope, would have thought it was a good idea to bare someone's breast at half time on the Super Bowl," TV Guide's Michael LeFavore told CBS News Correspondent Lee Cowan.

Not so for the performers, apparently.

Jackson's statement made mention of the last-minute decision to go ahead with the stunt and although Timberlake issued a statement shortly after the show apologizing and blaming the debacle on a "wardrobe malfunction," he didn't seem too sorry in comments to the syndicated show "Access Hollywood."

"Hey, man, we love giving you all something to talk about," he said, laughing.
"Every time an artist does something you think they sort of break the barrier, and it keeps getting more and more outrageous," said Tom Poleman, senior vice president of programming at New York City radio station Z100. "I think artists will keep on exploiting every opportunity they can get."

Jackson's official Web site was bombarded with angry postings. Her spokeswoman, Jennifer Holiner, said a red lace garment was supposed to remain when Timberlake tore off the outer covering.

Holiner said she was not sure whether Jackson's medieval-looking nipple decoration was meant to be seen, but added that the singer does wear such jewelry.

But the display still raised questions such as: If it was an accident, why did a choreographer promise "shocking moments" in an interview with the Web site MTV.com prior to the show? And how could it be a coincidence with the timing of the words to Timberlake's song "Rock Your Body"?

MTV Networks Group President Judy McGrath says the shocker was supposed to be Timberlake's appearance — and not what he did afterward. McGrath was sitting in the audience and didn't see the flash, but said the pair "looked upset" afterward.

While she praised Jackson and Timberlake as artists, she said: "I don't appreciate someone who doesn't communicate what their plans are. I think it was a misguided move on their parts."