Sacked radio host slams Ofcom ruling

Radio presenter Jon Gaunt, who was sacked last year by TalkSport for calling a councillor a "Nazi" live on air, has challenged Ofcom's decision to uphold complaints against him.

Gaunt, who made the comment in November 2008 during his daily show on TalkSport, today launched a judicial review against the media regulator at London's High Court.

Ofcom received 53 complaints about Gaunt's heated exchange with councillor Michael Stark about Redbridge Council's decision to prevent smokers from becoming foster parents.

After Stark defended the move, Gaunt accused him of being a "Nazi", a "health Nazi" and an "ignorant pig".

Gaunt later apologised for his comments but was fired by TalkSport ten days after Ofcom issued its ruling against him in May 2009.

At the High Court, Gaunt's lawyer Gavin Millar QC told Sir Anthony May and Justice Blair that Ofcom had reacted disproportionately by censuring TalkSport, which in turn impugned Gaunt's reputation.

Millar said that the word "Nazi" was used as a recognised slang term for someone who "imposes their views on others" rather than in its historical or ideological context.

He accepted that it is Ofcom's responsibility to enforce the broadcasting code, but said that that must be balanced against the need to maintain free speech.

As Gaunt did not use any profanities, indecent terms or words disrespectful to religion or race, Millar claimed that Ofcom infringed his right to free speech as laid out in the Human Rights Act.

In response to the case, an Ofcom spokesman told The Guardian: "Parliament gave Ofcom a duty to ensure that while standards in programmes are maintained, the right to freedom of expression is also protected.

"Ofcom regularly makes decisions under the broadcasting code that respect and balance these principles. In this case, Ofcom found Jon Gaunt's interview to be a breach of generally accepted standards. We believe the breach finding was proportionate."

Gaunt now presents SunTalk, the online radio show launched last year for News International. His legal appeal against Ofcom is expected to last two days.