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—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) excluded MTV, which had also produced the halftime show for Super Bowl XXXV, 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. 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 it was planned by Timberlake, who sought to upstage his ex-girlfriend Britney Spears' MTV Video Music Awards appearance at which she kissed Madonna. In 2015, Lukas had stated that he was not aware of what happened with Timberlake. In 2018, USA Today reported Lukas was seen purchasing a sunburst nipple shield from Byriah Dailey the weekend prior to the Super Bowl, telling Dailey "OK, watch the halftime show. There's going to be a surprise at the end."
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. When asked who he thought was "the sexiest woman on the planet", Timberlake had said "I've thought Janet Jackson has nothing but sex appeal, so I'd probably say her." Timberlake later asked Jackson to sing backing vocals on "(And She Said) Take Me Now", a song from his debut solo album Justified.