So this Superbowl half-time show hubub is still in the news. The FCC is up in arms, and there are lawsuits. Ideally, how should this work? I am not so sure. Here are my thoughts, that maybe mistaken.
I guess there would be no FCC, and this would be a civil issue. There could be a breech of contract between those responsible for the “exposure” and MTV and/or CBS. So that’s a civil issue, and damages can be assessed. As it is, perhaps CBS has some kind of contract with the (illegitimate) FCC, by which the FCC “allows” them to use “its” airwaves.
Is there also some kind of contract violation between CBS and the viewers? What are analagous cases? If parents take their children to a Chuck-E-Cheese’s, and instead of the mechanical mice on stage, there are mechanical naked people-like figures, then I suppose the parents would have a case against the eating establishment for misrepresentation of a product. Is the Superbowl incident so far off? Perhaps not. I have not read the arguments for the lawsuit, but they might be similar.