0370 270 6000

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

IR35 rules to be scrapped from April 2023

The Chancellor’s recent mini-budget provided a significant announcement for business as it was confirmed that the off-payroll working rules (known as “IR35”) put in place for public and private sector businesses from 2017 and 2021 will be scrapped from April 2023.

View blog

Is it hot in here, or is it just me?

Whilst the weather conditions are predicted to be cooling down this week, the Health and Safety Executive (HSE) is asking employers and businesses to consider adapting to recurrent warmer weather conditions for the safety and benefit of their staff. It asks employers to ensure that extreme heat becomes a firm part of longer term risk management. Climate change in any event is something all businesses will need to consider as the warmer weather becomes more frequent - extreme heat is something that will impact employers on a day to day basis.

View blog

Compliance - small businesses and new regulation

The Federation of Small Businesses (FSB) has released a report setting out the impact of new and changing regulations arising from the pandemic on small businesses across the UK.

View blog

80% hours for 100% pay? That’ll do nicely

As has been widely reported this week, some 3,000 UK workers are taking part in a six month trial to assess the viability of a four-day working week without any reduction in their normal pay.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up