Court: TV can’t be fined for ‘NYPD Blue’ nude shot
A federal appeals court says the Federal Communications Commission cannot fine broadcasters for showing a woman’s nude buttocks on a 2003 episode of “NYPD Blue.”
The 2nd U.S. Court of Appeals in Manhattan decided Tuesday to strike down a $27,500 penalty that the FCC imposed on ABC and each of its affiliate stations.
The image was broadcast on the police show for less than seven seconds in February 2003. The scene showed Andy Sipowicz’s (Dennis Franz) son accidentally walking in on his dad’s love interest as she undressed to go into the shower.
When the FCC slapped ABC with the fine, the show’s producers stated the scene was meant to “portray the awkwardness between a child and his parent’s new romantic partner and their difficulities in adjusting to life together.”
The FCC didn’t buy it and issued a fine for $1.4 million dollars. Aside from the network, the affiliates in the Central and Mountain time zones that aired the show during the 9-10 p.m. time slot were also fined – and that included KVIA-TV.
ABC, however, appealed the decision in court.
The appeals court pointed out that TV stations are not fined for fleeting, unscripted profanities uttered during live broadcasts. It says the same should apply to the buttocks image.
