Fox Broadcasting has announced that they will refuse to pay a fine imposed by the Federal Communications Commission (FCC) for ‘indecency’ broadcast in a 2003 episode of a reality show.

The show, Married By America, featured digitally-obscured nudity and footage of cream-covered strippers. Fox’s decision came despite an original $1.2m fine imposed in 2004 being reduced to $91,000 on appeal, with a spokesman claiming the decision not to pay was a principled one, and that the FCC’s decision was ‘arbitrary and capricious, inconsistent with precedent and patently unconstitutional’. Fox will also appear before the Supreme Court this autumn, arguing that FCC fines imposed following incidents involving the broadcast of swearing during live award show broadcasts in 2002 and 2003 should be overturned.

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