The Super Bowl XXXVIII halftime show, which was broadcast live on February 1, 2004, from Houston, Texas, on the CBS television network, is notable for a moment in which Janet Jackson's right breast and nipple—adorned with a nipple shield—was exposed by Justin Timberlake to the viewing public. The incident, sometimes referred to as "Nipplegate" or "Janetgate", led to an immediate crackdown and widespread discourse on perceived indecency in broadcasting.
The halftime show was produced by MTV and was focused on the network's Choose or Lose campaign (the year 2004 was a presidential election year in the United States). The exposure was broadcast to a total audience of 150 million viewers. Following the incident, the National Football League (NFL) cut ties with MTV, which had also produced the halftime show for Super Bowl XXXV, excluding the network from future halftime shows. In addition, CBS parent company Viacom and its co-owned subsidiaries, MTV and Infinity Broadcasting, enforced a blacklist of Jackson's singles and music videos on many radio formats and music channels worldwide. The Federal Communications Commission (FCC) fined CBS for an indecency violation of $27,500 and increased it to $325,000. They eventually fined CBS a record $550,000 for the incident, but that fine was ultimately voided by the Third Circuit Court of Appeals in 2011, and a case to reinstate the fine was refused in 2012.
The incident was ridiculed both within the United States and abroad, with a number of commentators opining that it was a planned publicity stunt. The next week, Timberlake apologized at the Grammy Awards ceremony, saying Jackson's nipple was accidentally exposed and was meant to be covered by a bright red brassiere. Some American commentators, including Jackson herself, argued it was being used as a means to distract the public from the ongoing Iraq War. The increased regulation of broadcasting raised concerns regarding censorship and free speech in the United States. YouTube co-founder Jawed Karim credits the incident with leading to the creation of the video sharing website. The incident also made Janet Jackson the most-searched person and term of 2004 and 2005, and it broke the record for "most-searched event over one day." It also became the most-watched, recorded, and replayed television moment in TiVo history and "enticed an estimated 35,000 new [TiVo] subscribers to sign up." The term "wardrobe malfunction" was coined as a result of the incident, and eventually added to the Merriam-Webster's Collegiate Dictionary.
In April 2021, celebrity stylist Wayne Scot Lukas claimed that the incident was planned by Timberlake, who sought to upstage his ex-girlfriend Britney Spears's MTV Video Music Awards appearance at which she kissed Madonna. This version of events was bolstered by USA Today, which reported in 2018 that Lukas was seen purchasing a sunburst nipple shield the weekend prior to the Super Bowl while allegedly stating to the artist he purchased it from, "OK, watch the halftime show...There's going to be a surprise at the end." In 2015, Lukas had stated that he was not aware of what happened with Timberlake. In the Hulu documentary Malfunction: The Dressing Down of Janet Jackson, released in November 2021, former Super Bowl director Beth McCarthy-Miller and producer Salli Frattini confirmed that Timberlake was informed of the new choreography by Jackson's team 20 minutes before show time after flying into Houston.
Background and development
Janet Jackson was the original choice to perform at the halftime show for Super Bowl XXXVI, but the NFL ultimately selected U2 after a group of NFL owners and officials attended the band's concert in New York City shortly after the September 11 attacks. In September 2003, the NFL chose Jackson as the headline performer of the Super Bowl XXXVIII halftime show. Because the event was occurring during an election year, MTV decided that the show's theme would heavily focus on the network's "Choose or Lose" campaign, which encouraged younger viewers to be politically active and register to vote.
Timberlake had attended Jackson's Rhythm Nation Tour as a kid, and Jackson's energetic dance routines and daring performing style had made a deep impression on him. While Timberlake was a member of pop group 'N Sync, Jackson selected the boy band as the opening act for many dates of her blockbuster Velvet Rope World Tour, which helped promote and introduce the then-relatively unknown group and Timberlake to the public worldwide. While on the tour, Jackson further promoted the group by performing with 'N Sync on several dates, including joining the group for a live a cappella duet of Stevie Wonder's "Overjoyed". Following the tour, Timberlake and Jackson became "good friends", with Jackson also praising Timberlake. Timberlake recreated Jackson's "That's the Way Love Goes" video with 'N Sync and was inspired by Jackson's performing style. Timberlake later asked Jackson to sing backing vocals on "(And She Said) Take Me Now", a song from his debut solo album Justified.
Incident
During the halftime show at Super Bowl XXXVIII on February 1, 2004, Jackson performed a medley of hits, beginning with "All for You", "Rhythm Nation" and a brief excerpt of "The Knowledge". Surprise guest Timberlake then appeared onstage to perform a duet of his song "Rock Your Body" with Jackson. The performance contained several suggestive dance moves by both singers. As Timberlake reached his final line of "Rock Your Body" ("Bet I'll have you naked by the end of this song"), he pulled off a part of Jackson's costume; the move revealed Jackson's right breast—adorned by a sun-shaped nipple shield—for less than a second, after which the CBS broadcast immediately cut to a wide shot of the stage for a pyrotechnic effect, then to an aerial view of NRG Stadium, then known as Reliant Stadium.
Responses
It's truly embarrassing for me to know that 90 million [140 million] people saw my breast, and then to see it blown up on the Internet the size of a computer screen [...] But there are much worse things in the world, and for this to be such a focus, I don't understand.
— Jackson on Super Bowl incident.
The baring of Jackson's breast during the Super Bowl performance became referred to as a "wardrobe malfunction".
Following the Super Bowl, both MTV and CBS apologized for the incident and asserted that they had no prior knowledge that Jackson and Timberlake's duet would involve partial nudity. MTV's CEO Tom Freston claimed in an interview with the Reuters news agency that the exposure was a stunt orchestrated by Jackson. However, an MTV representative confirmed that the costume tear was conceptualized by the MTV staff, but added that nudity was not the intended result. The incident was publicly criticized by NFL commissioner Paul Tagliabue, FCC chairman Michael Powell, and NFL executive vice president Joe Browne. An hour-long MTV documentary titled "Making the Super Bowl Halftime Show" as part of its Making the Video series was pulled from the schedule before it could air.
Jackson's representative explained the incident, saying, "Justin was supposed to pull away the rubber bustier to reveal a red lace bra. The garment collapsed and her breast was accidentally revealed." According to Rolling Stone, CBS required Jackson to make a public apology for the incident. Jackson released a video apology in which she said, "The decision to have a costume reveal at the end of my halftime show performance was made after final rehearsals. MTV was completely unaware of it. It was not my intention that it go as far as it did. MTV, CBS, [and] the NFL had no knowledge of this whatsoever and, unfortunately, the whole thing went wrong in the end. I apologize to anyone offended, including the audience, MTV, CBS and the NFL." Speaking to USA Today, Jackson said she felt humiliated that tens of millions of people saw her exposed breast, but did not feel the outrage was justified. Regarding continued backlash, she responded, "Who knows...Maybe they'll get mad at something that I do in my show, but at least it won't be new to me, since I've already gone through all of this. But I feel very positive that things are going to work out just fine. Everything happens for a reason."
Jackson later briefly discussed the incident on Good Morning America and the Late Show with David Letterman. Jackson's outfit was designed by famed designer Alexander McQueen, with Jackson later commenting, "I don't blame him; he didn't rip it. Alexander is so great at what he does—he's a genius." In January 2018, it was revealed that Jackson asked Marcello Garzon to alter the leather outfit she brought to Houston to wear during the halftime show and signed a confidentiality agreement before altering the garment.
In an interview with Australia's Herald Sun, producer Jimmy Jam revealed Jackson considered writing a song about the incident for her Damita Jo album.
[The furor] is hypocritical, with everything you see on TV. There are more important things to focus on than a woman's body part, which is a beautiful thing. There's war, famine, homelessness, AIDS. [...] They needed something to focus on instead of the war, and I was the perfect vehicle for that. [...] People are going to think what they want. It was an accident. It was not a stunt.
— Jackson questioning media's focus on the event.
Michael Musto of The Village Voice commented on the media's reaction to the incident, saying, "Janet became a symbolic Joan of Arc to burn at the stake. I actually do think her breast was used as a diversionary tactic—I'm not sure to distract from Iraq specifically—but it did distract from important issues, from things we actually should be appalled by. The story got an undue amount of attention when the fact is nobody has proved how her breast harmed anyone." Speaking to Robert Tannenbaum of Blender Magazine, Jackson had strong, if guarded, views on the reactions, reiterating her embarrassment at being exposed but argued that there was no sense in complaining about part of a woman's body while world events as grim as war and disease occurred. Jackson declared the reaction to the accidental exposure as "contradictory", noting it to occur in an era where commercials for beer and Viagra are both "very sexual" and "practically omnipresent". Jackson also said the mishap was "not intentional" and a "costume accident", also commenting on some media outlets editing her taped apology, saying, "Sometimes they cut out that I said it was an accident...That's what the media does, that's the way they are because they want it to be told a different way." In Glamour Magazine, Jackson exclaimed, "It's hard to believe that there's a war and famine going on in the world and yet people made such a big deal about a breast. People said that it was done intentionally to sell records. Do you know what? I have never pulled a stunt. Why would you do that and have your album come out two months later? It doesn't make sense." In the ensuing months, Jackson felt overwhelmed by the hostility towards her. "People think I'm immune to being hurt by what's said. They ask me questions that shock me. Not everybody is as strong as the next person and words can kill. People push you and you start to think can I handle this? But I know I can."
Immediately following the incident, Timberlake sounded unapologetic for his actions, telling Access Hollywood, "Hey man, we love giving you all something to talk about." Timberlake later released a statement saying, "I am sorry that anyone was offended by the wardrobe malfunction during the halftime performance of the Super Bowl. It was not intentional and is regrettable." Timberlake also addressed the incident at the Grammy Awards the following week, saying, "I know it's been a rough week on everybody. What occurred was unintentional, completely regrettable and I apologize if you guys are offended." Timberlake gave an additional interview at the Grammy event and stated, "All I could say was, 'Oh, my God. Oh, my God,'" Timberlake said. "I looked at her. They brought a towel up on stage. They covered her up. I was completely embarrassed and just walked off the stage as quickly as I could. I'm frustrated at the whole situation. I'm frustrated that my character is being questioned."
Jackson suspected ulterior motives in the media's reaction, expressing, "It was just perfect timing to take people's focus off of other things. That's what happens, and it happened to me." Comments from Michael Rich, director of Harvard's Center on Media and Child Health; Jay Rosenthal, attorney for the Recording Artists' Coalition; and Simon Renshaw of management group The Firm expressed similar sentiments. The Boston Legal episode "Let Sales Ring" likened the incident to being used as a distraction, portraying a news corporation which used the mishap to attract attention over other important events in the media. Daniel Kreps of Rolling Stone opined, "For the FCC, Nipplegate provided an opportunity to restore order and flex whatever power they had left. Faced with lax broadcast standards for cable TV and satellite radio, as well as the absolute lawlessness of the Internet, the FCC becomes hell-bent on preserving common decency in the family-friendly realm of network television... While the aftermath of Nipplegate starts to fade, the FCC will continue to carry its torch for the next half-decade." Cynthia Fuchs of Popmatters stated, "It behooves TV producers and consumers to focus their attentions on significant "news", rather than the daily distractions offered up by politicians, performers, professional spinners, and journalists. Janet is not that person you watch on TV. And neither is anyone else."
Powell's response
A decade after the incident, former FCC chairman Michael Powell gave his first interview regarding Jackson's performance, saying Jackson was treated unfairly and the controversy, including his own reaction, was completely overblown. Powell stated, "I think we've been removed from this long enough for me to tell you that I had to put my best version of outrage on that I could put on. Part of it was surreal, right? Look, I think it was dumb to happen, and they knew the rules and were flirting with them, and my job is to enforce the rules, but, you know, 'Really? This is what we're gonna do?' " Powell also said the treatment of Jackson, who was lambasted for causing "an outrageous stunt", was unfair, and commented on Timberlake not receiving the same backlash. "I personally thought that was really unfair", he said. "It all turned into being about her. In reality, if you slow the thing down, it's Justin ripping off her breastplate."