Ofcom argues Gaunt 'intended to offend'

Lawyers representing Ofcom have argued that sacked radio presenter Jon Gaunt had an "intention to offend" when he called a guest a "Nazi" live on air.

According to The Guardian, David Anderson QC, who is representing the media regulator, claimed that Gaunt wanted "the right to bully and insult a guest on the radio".

Gaunt yesterday launched a judicial review against Ofcom at London's High Court in an attempt to overturn its decision to uphold 53 complaints against him.

In November 2008, Gaunt had a 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.

Yesterday, 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 argued 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.

However, Anderson told the judges today that Gaunt's use of "offensive language" was part of his "bullying and hectoring approach which exceeded the expectations of the audience for his programme".

"To call someone a Nazi is... slightly different to calling someone a 'health Nazi' but in either case the intention was to offend," said Anderson.

He also noted that TalkSport had not been fined over the incident, and had chosen to sack Gaunt of its volition, which indicated that the station also saw a clear breach of the rules.

"It had its own view of the incident... its own guidelines had been breached," he said.

"It's a question of balancing two considerations: Mr Gaunt's right [to free speech] and the nature of the interference with that right".

The hearing came to a close today, with a ruling due by the end of next week.