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LOCAL NEWS

Jackson says stunt planned, but not nudity

11:28 AM CST on Tuesday, February 3, 2004

By Shern-Min Chow / 11 News

Click to watch video

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Tell Us: Your thoughts on the halftime show Outrageous. Jackson, Timberlake should face charges Unfortunate. Accident or planned it was inappropriate Overblown. Don't think it was that big of a deal Different. Never seen anything like it. Fantastic. Most memorable, entertaining halftime show ever. View Results Vote in other Polls

The most memorable moment in Super Bowl XXXVIII might just be the halftime act, not anything from the actual game. Reaction continues to pour in locally and across the nation about the Janet Jackson - Justin Timberlake halftime performance. But was it deliberate?

Janet Jackson herself now says yes.

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.

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

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AP
Janet Jackson and Justin Timberlake during Super Bowl XXXVIII halftime show.

"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," she 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."

And she apologized to anyone who was offended. The FCC is still launching an investigation.

11 News looked into the fallout stemming from the R-rated performance.

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KHOU-TV
Show representatives returned a leather bra to Leather in Exile.

Drive by quickly and you'll miss it, but Leather in Exile in the 1500 block of Westheimer was part of Janet Jackson's show-stopping halftime performance. "They sent over credit card numbers, representatives came in," explains William "Psycho" Youngblood. "Said they were looking for dominatrix type pieces for the Super Bowl show."

They ended up using some armbands and riding crops. As for the clothing in question, Justin Timberlake says it was a costume malfunction, but the folks at Leather in Exile don't think so.

Show representatives asked for body jewelry for a specific area. The leather store told them they didn't carry those items and the representatives brought back a leather bra. "I think that's why they brought it back," says Youngblood. "Because it wouldn't slide off. I'm pretty sure it was planned out."

And premeditation could be important to an outraged FCC Chairman. By Monday morning the commission had received thousands of complaints. "When the law says I have a duty to prosecute them," says Michael Powell. "I will prosecute them."

"Every commissioner with the FCC, Federal Trade Commission, has asked for an investigation on this," says Court Koenning with the Harris County Republican Party.

The Bush administration is supporting a bill before congress to increase penalties for indecency, which have not changed in decades.

"The maximum fine that can be levied is $27,500," says Koenning. "They're trying to increase it 10-fold, it would be $270,000 instead of $27,000."

Such fines are per incident or broadcast. CBS has 200 affiliates, so the total fine could be in the millions.

The Houston Police Department's acting chief says criminal charges would be inappropriate as the incident occurred on a stage. He adds poor taste does not necessarily rise to the level of violations of Texas law.

However, as the FCC notes, federal law may be a different matter. Just last week the FCC proposed a $755,000 fine against Clear Channel Communications for a sexually explicit radio show. That was the second highest fine ever proposed.

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