Jon Gaunt vows to fight on as High Court backs Ofcom

Ofcom was right to find an interview by radio presenter Jon Gaunt on UTV's TalkSport, in which he called a local councillor a "Nazi" and an "ignorant pig", in breach of the Broadcasting Code, the High Court ruled today.

Jon Gaunt: claims dismissed by the High Court
Jon Gaunt: claims dismissed by the High Court

The case centred on an interview Gaunt conducted live on TalkSport on 7 November 2008 with invited guest, Michael Stark.

During the interview – about the suitability of smokers to be foster carers in light of passive smoking – Gaunt called the councillor, whose council had proposed the move, a "Nazi" and an "ignorant pig".

The High Court dismissed claims by both Gaunt and human rights group Liberty, that Ofcom’s decision was an unlawful interference in the radio presenter’s freedom of expression.

The court described the interview as a "rant" and added it was both "offensive and abusive".

The court stated: "The broadcast was undoubtedly highly offensive to Mr Stark and was well capable of offending the broadcast audience. The essential point is that the offensive and abusive nature of the broadcast was gratuitous, having no factual content or justification."

However, the famous radio presenter remained far from convinced about Ofcom’s victory, stating that in fact his team had made "massive inroads" towards significantly changing the way radio is regulated.

Gaunt was refused permission to appeal, but can renew his application directly to the Court of Appeal, which he confirmed he will do.

He added: "My style of broadcasting has been legitimised as political speech and therefore has the highest level of protection under the Human Rights Act.

"My only disappointment is that it was not a clean win today, but the court has correctly identified that Ofcom was wrong in believing the term 'Nazi' was the issue.

"It is now about the 'ignorant pig' phrase. I will appeal, and, with the greatest respect to the judges, I will win."

Today, Ofcom’s chief executive, Ed Richards, said: "We were perfectly happy for this case to be taken to court to review the way in which we interpret our statutory duties.

"We are very pleased that the High Court has recognised that we came to the right decision in this case. This is a thorough endorsement of our judgment in what was a difficult case.

"Parliament has given Ofcom the duty of applying generally accepted standards to television and radio services, which we always aim to do in a way that respects the important principles of freedom of expression, whilst at the same time protecting audiences from unjustified, offensive and harmful material."

Gaunt now presents the daily digital radio show SunTalk for News International, branded as "the home of free speech".

His contract was terminated by TalkSport on 17 November, 2008, 10 days after the exchange with Stark.

Ofcom received 53 complaints about the interview and Ofcom launched an investigation on 2 December 2008, which was published in June 2009.

The radio presenter was granted permission to challenge the Ofcom ruling in the High Court in January 2010. He said he is prepared to take his legal battle to the European court of human rights in Strasbourg if necessary.

He added: "Let me say again, in the internet age what is the point of Ofcom? Why do we need an Ofcom when we’ve got an off switch?"

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