6 Dec 2010

X Factor: New claims of ‘it’s a fix’

Questions are being asked about whether or not Sunday’s X Factor was fixed, as supermarket assistant Mary Byrne was booted off the show after a sing-off.

X Factor contestant Mary Byrne who was voted off the show on Saturday (Getty)

The programme’s producers were unable to provide a comment for Channel 4 News when we contacted them, but a spokesman was reported to have denied any suggestion of a fix, saying: “As a show evolves, there are always changes to the format.”

But media lawyer Ambi Sitham told Channel 4 News she thinks the programme could still be in breach of programme-makers’ rules: “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.”

Ms Sitham said that section 2 of the Ofcom code states that producers must have clear rules on public votes and must communicate them to the public.

She said: “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.”

Ofcom

Ofcom confirmed to Channel 4 News it had received a number of complaints about the weekend’s vote but said the complaints “are unlikely to be upheld”. It said Ofcom’s code forbade programmes to materially mislead viewers, something it says it did not consider has happened.

The regulator told Channel 4 News: “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.”

Tweet factor
@jooleroo So essentially the #xfactor changed th semifinal rules 2 accommodate the tantrumming toddler? Nice. Good luck 2 Matt, Rebecca & 1 Direction!
@ValOD1 XFactor judge on the potential they see NOT performance.Sing off is supposed to be "sing for survival"Whatta joke!
@cheekysum33
All the people left in the Xfactor are the best and they r the best singers are left every one of them left on xfactor deserves to win!!!
@adamclyne
"This is a staff announcement. Will Mary please get back on till number 5." #xfactor

Vote

Byrne and teenager Cher Lloyd came in the bottom two in the semi-final show after the viewers’ vote. Following a tense sing-off for a place in the X Factor final, the judges decided to send home the Irishwoman, provoking outcry among some viewers.

For the previous two years, viewers’ votes have decided who goes through to the final but with the judges having the final say this time, some felt the result had been fixed to allow Cher – whose mentor, Cheryl Cole, became a star through another talent show – to go through.

Byrne gave a powerful performance of It’s a Man’s Man’s Man’s World in a bid to save herself in the sing off, but the judges opted to keep Lloyd in the competition for the final week.

The other acts that safely won through are boy band One Direction, Liverpudlian Rebecca Ferguson and the last remaining solo male act, Matt Cardle.

Great contestant

The semi final had been a tense affair with Simon Cowell, Cheryl Cole and Dannii Minogue all voting to save Lloyd.

Louis Walsh was the only judge who opted to send his act through to the final. The Irish judge now has no acts to take into the final, as Byrne was the last contestant in his over 28s category.

After the sing off, he said: “Mary was incredible, she was emotional.”

Cole added: “This is really difficult because Mary you have always touched me with your vocal and you know that.

“You are two completely different acts that we would not compare in the real world. But Cher is my girl and I backed her from the start and I will until the end.”

Cowell said that he had supported Byrne from the start of the competition and she was a “great contestant”.

The X Factor finalists are currently at number one in the music charts with a single which is raising money for the Help for Heroes charity.