An American judge has thrown out a damages claim made by a television viewer who witnessed Janet Jackson's infamous breast exposure at the Super Bowl earlier this year (04).

The judge in Salt Lake City, Utah refused to accept US TV giant VIACOM owed ERIC STEPHENSON damages after he saw the singer's breast when it was ripped out of her bustier by Justin Timberlake at the 1 February (04) show.

Stephenson had sought $5,000 (GBP2,780) in compensation for what he alleged was "false advertising" - he'd tuned in to see the American football final and didn't expect to be confronted with raunchy dancing and Jackson's breasts.

Stephenson says, "The real loser here is the consumer.

"Without a victory here, it gives advertisers a licence to lie and get away with it."

The disgruntled viewer saw his claim refused in the small claims court, and wished he'd filed a federal lawsuit, or made a complaint with the Federal Communications Commission (FCC).

He is now considering taking his case to a district court.

28/05/2004 14:02