Fudgepuppy
Banned
As The Hollywood Reporter revealed last September, the NFL has been secretly pursuing M.I.A. in arbitration in the aftermath of Super Bowl XLVI on Feb. 5, 2012. During the event, watched by nearly 167 million TV households, the Sri Lankan singer-rapper extended her middle finger during a performance of "Give Me All Your Luvin' "
M.I.A. wasn't paid for the event as is the custom of the league. But nevertheless, the NFL spent the first two years of arbitration demanding $1.5 million for allegedly breaching her performance contract and tarnishing its goodwill and reputation.
Now the NFL has added an additional claim, seeking $15.1 million more in "restitution" as the alleged value of public exposure she received by appearing for an approximately two minute segment during Madonna's performance. The figure is based on what advertisers would have paid for ads during this time. "The claim for restitution lacks any basis in law, fact, or logic," say M.I.A.'s response papers, filed on Friday.
The music superstar tells the arbitrator that the "continued pursuit of this proceeding is transparently an exercise by the NFL intended solely to bully and make an example of Respondents for daring to challenge NFL."
As we previously reported, Howard King, the attorney for M.I.A., has been attempting to undercut the NFL's argument that its reputation has been damaged by soliciting information from the public on what he says is the NFL's lack of wholesomeness. He has even set up an e-mail address -- NFL@khpblaw.com -- intended to "balance the playing field."
The latest arbitration papers for M.I.A. go into the "profane, bawdy, lascivious, demeaning and/or unacceptable behavior by its players, team owners, coaching and management personnel and by performers chosen and endorsed by NFL to perform in its halftime shows."
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Even Madonna at the 2012 Super Bowl is mentioned:
"The Show prominently features scenes of very young women dancers (possibly not even of adult age) poised in reclining positions, with their feet and hands and/or shoulders planted on the ground behind them. The women lewdly thrust their elevated pelvic areas in a manner unmistakably evocative of sexual acts (very probably qualifying as 'indecent' under the FCC definition), or at the very least, in a manner wholly consistent with the scenes a faire in a strip club."
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The singer says there can't be liability or damage based on speculative FCC action, and her legal papers say it is "implausible" that any indecency fine will come after years of regulatory inaction and recent decisions at the U.S. Supreme Court.
What's more, the responsibility of broadcaster NBC could be investigated as the arbitration continues forward.
"NFL, and NBC, failed to exercise ordinary care in the conduct of the Halftime show by not activating the '5 second delay' system in place for the broadcast," says M.I.A.'s papers. "Any alleged fault or liability of Respondents should be diminished by NBC's dereliction. Discovery has not been taken yet to determine whether contractually NBC owed a duty to NFL to properly operate the delay system. Very likely that is indeed the case."
NFL Now Demands $16.6 Million Over M.I.A.'s Super Bowl Middle Finger
Pushing the boundaries has sort of become a staple of the half-time shows, so why is this worse than when Janet Jackson flashed her boob?