0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

X Factor Breaches Broadcasting Code

31 January 2011

When Dermot O’Leary prompted viewers to download singles of Diana Vickers and Michael Buble on the X Factor last October Ofcom decided to investigate. Despite accepting that this was due to a script error, the media watchdog was concerned that this had happened on two separate occasions and found that the X Factor had breached rule 10.3, ‘products or services must not be promoted in programmes’.

There is a further rule in the Broadcasting Code which prohibits product placement. However X Factor did not breach this rule as product placement would involve a reference to a product in exchange for valuable consideration. There was no financial arrangement in place here.

Interestingly, on 28 February 2011 new rules will come into effect which will subject to exceptions permit product placement in UK TV programmes. Despite this the new rules would not change the outcome for X Factor. This is because the new rules will still not allow positive references to products which directly encourage purchases.

related opinions

University animal research workers suffer adverse health effects

The University of Edinburgh has been fined £10,000 for allowing animal research workers to be exposed to laboratory animal allergens “LAA”.

View blog

Security in schools – new guidance from the Department for Education

Following a consultation last year on a draft form, the Department for Education (DfE) has now published extensive guidance for schools and colleges in relation to security.

View blog

Supreme Court awards compensation to a Professor for an invention created during his employment

A recent decision by the Supreme Court in Shanks v Unilever PLC has supported the right for employees to receive compensation for patented inventions if the invention is of ‘outstanding benefit’.

View blog

Sexual Harassment in the workplace – consequences of getting it wrong

A partner at a Magic Circle law firm has this week been ordered to pay £235,000 in fines and costs by a disciplinary tribunal, having been found guilty of breaching his professional obligations.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up