A spokesperson for the reality show has revealed that some of the acts were asked to take part in the first round of the show by researchers, according to Newsbeat.
The judges were reportedly not told who had been invited during the auditions stage.
The new rule was introduced this year in order to help the X Factor producers to find new talent.
"Please note that outside of this application process, acts may also be invited to audition for the programme by researchers acting on behalf of the producer," read the terms and conditions for the 2012 online application.
"Such acts will be required to go through the audition process and normal programme rules will apply."
"I think it's great that they've done that," said judge Nicole Scherzinger. "It opens up the pool for wider talent."
"Personally, speaking as someone who did just go to an open audition I don't think it's any less fair," said contestant Jade Ellis.
"I'm quite happy to go into the competition with people who were scouted. At the end of the day the rules have changed so we've got to get on with that."