Ofcom To Investigate The X Factor Over Music Downloads Promotion
Wednesday, 08 December 2010
Written by Brad Norris
Ofcom have confirmed they will launch an investigation of ITV's The X Factor for breaching broadcasting code rules. The ITV talent show are reported to have encouraged viewers to download tracks by guest acts, including Diana Vickers and Michael Buble.
This promotion of the downloads is said to be in breach of rules relating to making references to commercial products on The X Factor show.
Ofcom, the media regulator, will examine host Dermot O'Leary's practice of encouraging viewers to visit the X Factor website to download the tracks they have heard being performed live on the hit ITV show.
Under the rules, it is only permissible for The X Factor to promote "programme-related material", meaning the practice is only legitimate when the show is promoting performances by The X Factor contestants, but not by guest acts. Doing so is a flagrant breach of the broadcasting code rules.
"We are investigating The X Factor for potential breaches of our rules prohibiting the promotion of products in programmes," said an Ofcom spokesman.
The X Factor is no stranger to controversy of course, and the latest complaint is just one in a long line of investigations for the talent show. Ofcom received over 200 complaints after last Sunday's results show where Mary Byrne was eliminated from the contest, while the judges put Cher Lloyd through to the final in a last minute format change.
A spokesperson commented: "Our rules in this area state that viewers must not be materially misled. Viewers pay to vote for who they want to stay in The X Factor, not for who they want to be eliminated.
"Viewers' votes did determine who stayed in the contest at this stage and so there do not appear to be any issues raised under our rules.
"ITV's terms and conditions also state clearly that a range of combinations of eliminations based on the public vote and /or the judges' decision can apply at different stages of the contest, and that these are at ITV and the producers' discretion."
Media lawyer Ambi Sitham however revealed that: "I absolutely think there could be a case for an investigation into a breach of the Ofcom rules.
"A lot of people are wondering why the changes to the voting rules for the semi finals weren't made clear to the paying public and feel their votes for Mary didn't really count when ultimately the judges decided her fate."
Talking on Channel 4 News, she added: "People should be made aware of any changes to the voting rules because at the end of the day it's their money and they should know the facts so they can decide if they want to vote.
"I think even if there isn't an investigation this is a pretty close shave."
The X Factor 2010 comes to a close this weekend with bookies favourite Matt Cardle up against boy band One Direction, Cher Lloyd and Rebecca Ferguson for the accolade of The X Factor 2010 winner.
Guest performers rumoured to be appearing on this weekend's live X Factor finale include Rihanna, Will.I.Am of Black Eyed Peas, Robbie Williams, Christina Aguilera and Cher promoting their upcoming movie Burlesque.
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