The Supreme Court on Monday set aside a ruling by the US Court of Appeals for the 3rd Circuit, in Philadelphia, that had overturned a S$808,000 (US$550,000) fine imposed by the Federal Communications Commission on CBS for the 'wardrobe malfunction,' as the fateful moment has been described.

The Supreme Court said the 3rd Circuit should give 'further consideration' to its conclusion last July 21 that the FCC had been wrong to fine the network.

A three-judge panel of the 3rd Circuit said the FCC had not given broadcasters enough advance notice that it was tightening its policies involving fleeting displays of nudity, and that CBS should not have been held responsible for the actions of Jackson and her performing partner, Justin Timberlake.

The Supreme Court's order that the 3rd Circuit re-examine its judgment was not unexpected, given the justices' ruling last week that broadcasters that allow foul language on live programs may be held accountable, even if the vulgarities were unscripted and isolated.

CBS issued a statement on Monday saying that it was not surprised by the Supreme Court's directive, given the Fox decision, 'despite the differences in the two cases.'

The Fox decision arose from two appearances on a music awards show by celebrities who used words long considered unacceptable in polite conversation.

The lyrics sung by Timberlake at the Super Bowl were arguably not as vulgar, although he seemed to have been overly inspired by them.

'Gonna have you naked by the end of this song,' he uttered, just before the big moment. -- AP