X Factor cleared over Minogue comments
An episode of the 'X Factor' which received complaints that Dannii Minogue had made a "homophobic" jibe about contestant Danyl Johnson has been cleared by the British broadcasting watchdog.
The show, broadcast last month, saw Johnson give a performance of 'And I'm Telling You I'm Not Going', which was originally composed as a female lead vocal for the musical Dreamgirls.
In her critique, judge Minogue said the singer had given a "true 'X Factor' performance" but added: "If we're to believe everything we read in the papers, maybe you didn't need to change the gender reference in it?"
Fellow judge Simon Cowell said Minogue was playing "games" and she later apologised to anyone who may have been offended saying of her comments: "They were only said with humour."
The regulator Ofcom said it received nearly 4,000 complaints, the majority of which were concerned that Minogue's remarks were malicious and homophobic and based on newspaper reports about Johnson's sexuality.
Some viewers were concerned that Minogue seemed to be referring to the contestant's sexuality in a pre-watershed family show.
Those in charge of compliance emphasised the show is live and unscripted and Minogue's comments had been prompted by discussions in a video-taped introduction to the performance about changing the gender of the song.
Johnson also said in a statement that he was not offended by Minogue's comment, saying they chatted afterwards.
The regulator found: "In Ofcom's view, it was not outside the established nature of the programme for an 'X Factor' judge to make such a comment as Dannii Minogue's especially in circumstances where the performer had placed information about his sexuality in the public domain...
"Ofcom did not discern a pejorative or homophobic intent behind her comment."
The regulator found the show was not in breach of broadcasting rules and the reference to Johnson's sexuality was made only indirectly and was therefore unlikely to shock viewers.
But it warned broadcasters generally to exercise caution over rules concerning sexual orientation and violation of human dignity.
Ofcom said: "Broadcasters need to exercise caution in this area, particularly when the subject of sexual orientation may foreseeably arise in the context of a live programme.
"In no way should the 'outing' of participants in television programmes be encouraged, condoned or legitimised."
