High Court backs Ofcom in Jon Gaunt case

The High Court has backed Ofcom in a legal dispute with sacked radio presenter Jon Gaunt over his intention to offend in calling a guest a "Nazi" live on air.

In a judgement handed down today, Sir Anthony May and Justice Blair described Gaunt's 2008 interview with councillor Michael Stark as a "rant" that was "offensive and abusive".

They also said that Ofcom's decision to find a breach of the broadcasting code "did not constitute a material interference to [Gaunt's] freedom of expression".

In November 2008, Gaunt had a heated exchange with 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".

Ofcom received 53 complaints from listeners about the "oppressive" and "intimidating" nature of the interview, leading to the watchdog finding TalkSport and Gaunt in breach of the broadcasting code in May 2009.

Gaunt later apologised for his comments but was fired by TalkSport ten days after Ofcom's ruling, despite the media regulator bringing no formal sanctions against the station.

In the legal dispute, Gaunt's lawyer Gavin Millar QC claimed that Ofcom had reacted disproportionately by censuring TalkSport, which in turn impugned Gaunt's reputation.

Millar also 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, lawyers representing Ofcom said that Gaunt knowingly used "offensive language" and merely wanted "the right to bully and insult a guest on the radio".

In their ruling, the High Court judges said: "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."

In response to the verdict, Ofcom chief executive Ed Richards said: "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 judgement 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."

Since leaving TalkSport, Gaunt now presents SunTalk, the online radio show he helped launch last year for News International.