Super Bowl XXXVIII halftime show controversy
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
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 the incident was planned by Timberlake, who sought to upstage his ex-girlfriend Britney Spears' MTV Video Music Awards appearance at which she kissed Madonna.[1] This version of events was contradicted by USA Today, which reported in 2018 that Lukas was seen purchasing a sunburst nipple shield the weekend prior to the Super Bowl while alledgedly 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.[2] In the Hulu documentary Malfunction: The Dressing Down of Janet Jackson released in November 2021, former Superbowl 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.[3]
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.[4] In September 2003, the NFL chose Jackson as the headline performer of the Super Bowl XXXVIII halftime show.[5] 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.[6]
Timberlake had attended Jackson's
Incident
During the halftime show at Super Bowl XXXVIII on February 1, 2004,
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.[19]
The baring of Jackson's breast during the Super Bowl performance became referred to as a "wardrobe malfunction".[20]
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.
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."[30] According to Rolling Stone, CBS required Jackson to make a public apology for the incident.[31] 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."[22] 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.[19] 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."[19]
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."[32] 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.[33]
In an interview with
"[The furor] is hypocritical, with everything you see on TV. There are more important thing to focus on than a woman's body part, which is a beautiful thing. There's
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.[19]
Michael Musto of
Immediately following the incident, Timberlake sounded unapologetic for his actions, telling
Media diversion theories
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."
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."[45]
Public reaction
United States
In the United States, the exposure of Jackson's breast by Timberlake led to much media attention and headlines. The incident was sometimes referred to as "Nipplegate".
The Super Bowl controversy was also a subject of humor on
The halftime show continued to be a subject of discussion in 2005. The parody newspaper
Canada
In
New Zealand
New Zealand's news outlets re-broadcast the "nipplegate" moment (some in slow motion) with commentary alleging that US ultra-conservatives had made the incident into a major controversy. The nation's largest newspaper, the New Zealand Herald, ran an op-ed from a New Zealander living in America detailing his bafflement at his US friends, who had expressed outrage at the glimpse of a nipple while supporting their country's invasion of Iraq and being fans of the premium cable and adult-rated HBO series Sex and the City.[73]
Legal action
On February 4, Terri Carlin, a banker residing in
America Online, the Internet service provider that sponsored the halftime show, demanded a refund of the approximately US$7.5 million that it paid to sponsor and advertise on the halftime show. However, no other advertisers of the Super Bowl had similar demands.[77]
The incident triggered a rash of fines that the FCC levied soon after the Super Bowl, alleging that the context of the "wardrobe malfunction" was intended "to pander, titillate and shock those watching" because it happened within the lyrics within Timberlake's performance of Rock Your Body: "Hurry up 'cause you're taking too long ... gonna have you naked by the end of this song."
On November 24, 2004, Viacom paid out US$3.5 million to settle outstanding indecency complaints and stated that it would challenge the US$550,000 penalty related to the incident, on the grounds that the broadcast was unintentional and thus exempt from indecency regulation.[86] In March 2006, the FCC affirmed that the Super Bowl halftime show was indecent,[87] so CBS paid the FCC's issued fine in July 2006 in order to take their appeal against their fine to federal court.[88] CBS appealed the fine on September 17 at the U.S. Third Circuit Court of Appeals in Philadelphia.[89]
On July 21, 2008, the Third Circuit Court of Appeals ruled
On November 2, 2011, the Third Circuit Court ruled 2–1 that its earlier decision was correct, citing that the broadcast was legal under the FCC's then-current policy of allowing "fleeting" indecency on the airwaves, and that it was unfair of the FCC to change the policy retroactively.[96][97] On June 29, 2012, the Supreme Court declined an FCC appeal.[98][99]
Other controversies
Commercials
Prior to the broadcast, CBS rejected the MoveOn.org
In January 2005, Fox, the network that carried Super Bowl XXXIX under the NFL's alternating network contract for the championship game, rejected an advertisement for the cold remedy Airborne that briefly showed the naked buttocks of veteran actor Mickey Rooney.[65]
Streaking
Moments after the Jackson-Timberlake tangle, streaker Mark Roberts added to the controversial halftime by running around the field naked except for a well-placed G-string attached to half of a miniature football. Part of Roberts' stunt was broadcast in the United States before players from both teams tackled him, allowing stadium security and police to take Roberts into custody.[105]
Other performers
Aside from Jackson's exposure, minor controversy was created when rapper Nelly performed his song "Hot in Herre" when a group of female backup dancers all pulled the top-layer of their costumes off, revealing shorter shorts and smaller shirts underneath.[106] Kid Rock appeared in a poncho made from a slit American flag, which he later threw towards the audience.[46][107] U.S. Senator Zell Miller complained that Kid Rock's outfit was a desecration of the American flag.[108]
Aftermath and effects
Censorship and regulation of broadcasting
Website Soap Opera Central speculated that the fallout from this incident may have had a subtle effect on
Two other major sporting events that followed the Super Bowl that year also changed their respective halftime shows following the incident. At the
Guiding Light[
A petition was filed by a consortium of broadcasters (which included Viacom) and the RIAA over an FCC indecency ruling, regarding
The incident also prompted tighter control over content by station owners and managers. Viacom, at the center of the controversy, also employed the controversial Howard Stern in its radio division (at the time called
Beginning with
In 2012, during the halftime show for
Sports broadcasting
Sports would be greatly affected by the controversy. Three weeks later,
The NFL also came under some smaller controversies over its telecasts. The FCC received a complaint about Fox's telecast of a January 2005 playoff game between the Green Bay Packers and Minnesota Vikings; the complainant alleged that Minnesota player Randy Moss, who scored a touchdown, apparently made movements appearing to moon the spectators. However, the FCC denied the complaint because Moss was fully clothed at all times, and his gestures were shown for only a few seconds, thus warranting that the display was not indecent; game commentator Joe Buck also immediately condemned the act (and additionally, Moss was fined by the NFL).[133] On January 13, 2007, during Fox's coverage of an NFL playoff game between the New Orleans Saints and Philadelphia Eagles, the camera cut to the stands, showing for four seconds a shirt with the words "Fuck DA EAGLES" that was worn by a female spectator. That drew a backlash from the Parents Television Council, which filed complaints with the FCC.[134]
During NBC's live broadcast of
2004 presidential election
Frederick S. Lane argued in his 2006 book The Decency Wars that the Super Bowl halftime show controversy influenced the primary focus on "moral values" and "media decency" in the
Impact on Jackson
"[We are] absolutely bailing on the record [...] The pressure is so great, they can't align with anything related to Janet. The high-ups are still pissed at her, and this is a punitive measure."
"[...] radio wouldn't play it and MTV wouldn't play her videos for "I Want You" and "All Nite", two songs that would've been out-of-the-park hits at any other point in Jackson's career."
– Viacom revealing Jackson's blacklist; commentary from The Charlotte Observer[36]
Viacom CEO
Jackson had also been cast to play Lena Horne in a movie about the singer and activist's life, which was to be produced by ABC, but was forced to resign following the performance incident.[30] A statue of Mickey Mouse wearing Jackson's iconic "Rhythm Nation" outfit was mantled at Walt Disney World theme park the previous year to honor Jackson's legacy, but was removed following Jackson's controversial performance. A spokesman for Disney said, "Considering all the controversy [the performance] drew, we talked it over for a couple of days and decided it would be best to replace hers with a new one."[145]
The blacklisting affected promotion of Janet Jackson's first album released since the incident
In her first interview since the incident, Jackson appeared on CBS's Late Show with David Letterman on March 29, 2004, which increased the show's ratings over 20%.[151] In April 2004, Jackson poked fun at herself in an appearance on Saturday Night Live, first while playing Condoleezza Rice in a skit, nervously answering a question by exposing her right breast (which was pixelated by NBC), and again by viewing a mock home video from her childhood in which her bathing suit top came off in a wading pool, calling it a "swimsuit malfunction".[152] An NBC spokesman said Jackson was wearing a bra beneath her blouse during the skit.[153] During a performance on ABC's Good Morning America, the network promoted Jackson's appearance as her "first live performance since the Super Bowl", hinting at the chance of shock value.[36] In 2006, during an interview on The Oprah Winfrey Show, Jackson upheld her claim that the Super Bowl scandal was an accident.[154]
Impact on Timberlake
People Magazine stated Timberlake was referred to as "the
Media commentators stated Jackson was treated too harshly by the media and public, while Timberlake's career was not affected much by the incident. Shannon L. Holland in Women's Studies in Communication argued that the media reaction after the incident focused disproportionately on Jackson, "represent[ing] her as a contemporary Jezebel in that her racial and gendered Otherness was often juxtaposed with the 'normalcy' of Timberlake's white masculinity. That is, she emerged in a public discourse as the primary (if not sole) instigator of the lewd act, a scheming seductress who manipulated Timberlake for her own economic gain."[160] Rob Sheffield of Rolling Stone stated "Justin isn't exactly Mr. Loyalty—he totally left Janet Jackson to take the heat after the Super Bowl.'"[161] E! Online also commented "Timberlake wasted no time placing the bulk of the blame for the incident on Jackson. And, of course, the woman takes the blame even though the man stripped her. Pathetically typical."[40][162] A reporter for VH1 said "JT still gets a side eye for leaving her out to dry."[163]
One observer claimed "Despite her 'wardrobe malfunction'—for which we think Justin Timberlake wasn't punished nearly as severely for—Janet put on a pretty amazing show."[164] The New York Times noted "[a]fter her right breast upstaged the Super Bowl, she was criticized by the first lady, vilified by media executives and abandoned by her co-conspirator, Justin Timberlake; less excitable commentators suggested she was merely a shrewd publicity-stunt woman with a new album to promote."[148] Jackson's parents, Joe and Katherine Jackson, also expressed concern that Timberlake did not stand by Janet following the incident, commenting, "What I didn't like is there wasn't one person on that stage, there were two people. After a while, there was only Janet Jackson. That's all there was. Janet Jackson", adding "Janet don't [sic] pull that thing open herself. He did it. We were surprised that they didn't say anything to Justin about it."[165]
Timberlake would eventually be given a "second chance", being invited back to the Super Bowl halftime show when he was named headlining act for the Super Bowl LII halftime show in February 2018.[166] During his performance, Timberlake again sang a portion of "Rock Your Body", but stopped right before reaching the "Gonna have you naked by the end of this song" lyric, saying "Hold up! Stop!" and smiling,[167] as a reference to the 2004 incident.[168][169] Timberlake's halftime show stint, however, received mixed reviews and ratings decline after losing more than 10 million viewers in the United States from the Lady Gaga-headlined edition the year prior.[170]
On June 12, 2009, in an interview with Entertainment Weekly, Timberlake stated his biggest regret of the decade was not defending Janet Jackson more after the media backlash. "I wish I had supported Janet more. I am not sorry I apologised, but I wish I had been there more for Janet," he said.[171]
On February 12, 2021, after social media backlash from the documentary Framing Britney Spears aired, Timberlake publicly apologized to both Britney Spears and Janet Jackson in an Instagram post, pledging to "take accountability" and that "I can do better and I will do better."[172]
Popular culture
Pop singer Katy Perry parodied Jackson's Super Bowl incident in the music video for her single "Last Friday Night (T.G.I.F.)" during a scene where Perry's breast is accidentally exposed at a school event.[173] Jackson's incident is also recreated in Eminem's "Ass Like That" music video. The controversy and sexual nature surrounding Miley Cyrus' performance of "We Can't Stop" and "Blurred Lines"/"Give It 2 U" with guest artist Robin Thicke at the 2013 MTV Video Music Awards was likened to Jackson's performance with Timberlake at the Super Bowl event.[174]
The term "wardrobe malfunction" began to be used by various entertainers when describing accidental public exposures or nudity, or revealing outfits. The term's frequent usage also led to numerous entertainment outlets compiling various celebrity "wardrobe malfunctions", with Jackson included in the lists as the most infamous example and originator of the term.[175]
On the April 10, 2004 episode of Saturday Night Live, Janet Jackson as Condoleezza Rice is told by Darrell Hammond as Vice President Dick Cheney that she should show her breast at the 9/11 hearings. It appears that she did, with her breast pixellated, but NBC said Jackson was wearing a bra.[176] Justin Timberlake later referenced the incident when ripping off part of Kristen Wiig's outfit during an appearance on Saturday Night Live in 2009.[177]
The Family Guy episode "
Several presenters at award shows have referenced the incident, including Anna Nicole Smith (died two years later) at the first annual MTV Australia Video Music Awards, Dave Chappelle at the MTV Video Music Awards, and singer Alanis Morissette at the Juno Awards. Morissette also commented: "It's disturbing and curious to me to see what came of that. We're all sexual beings, and if we don't let it out organically, we repress ourselves. If we repress anger, it turns to depression. If we repress our sexuality, it turns to pornography and rape. To think that the country was in an uproar because of a nipple."[123][181] Comedian Russell Brand referenced the incident when hosting the 2008 MTV Video Music Awards, saying "I can almost guarantee a Janet Jackson-style Super Bowl nip slip."[182]
Legacy
The performance incident made "Janet Jackson" the most searched term, event and image in Internet history.
YouTube co-founders Jawed Karim, Steve Chen, and Chad Hurley revealed that their frustration at not being able to easily find a video clip of the incident and the 2004 Indian Ocean earthquake and tsunami, both hot topics at the time, provided the inspiration for the creation of YouTube.[193] The launch of Facebook commenced three days following the incident, in a potential attempt to capitalize on its publicity through social networking.[24]
Rolling Stone stated Jackson's Super Bowl performance "is far and away the most famous moment in the history of the Super Bowl halftime show".
New York City-based production studio Left/Right began developing a documentary on the incident, Malfunction: The Dressing Down of Janet Jackson, which premiered on November 19, 2021, nine months after Framing Britney Spears.[203]
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{{cite web}}
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