Jon Gaunt to challenge High Court ruling

Sacked radio broadcaster Jon Gaunt has pledged to appeal a court ruling that Ofcom was right to censure him for an "offensive" radio interview.

Earlier today, judges at the High Court backed Ofcom in a legal dispute over Gaunt's actions in a 2008 interview with councillor Michael Stark on TalkSport.

During a heated discussion about Redbridge Council's decision to prevent smokers from becoming foster parents, Gaunt called Stark a "Nazi", a "health Nazi" and an "ignorant pig".

After Ofcom ruled last year that his comments breached the broadcasting code, TalkSport fired Gaunt, which led to him launching a legal challenge against the media regulator for what he perceived as unfair damage to his reputation.

Speaking on Richard Bacon's afternoon show on Five Live, Gaunt confirmed that he would be contesting today's ruling at the Court of Appeal. He also said that "if necessary" he will escalate the case to the European Court of Human Rights in Strasbourg.

In the legal case, Gaunt's lawyer Gavin Millar QC tried to argue that the presenter used the word "Nazi" as a recognised slang term for someone who "imposes their views on others" rather than in its historical or ideological context.

Millar also said that as Gaunt did not use any profanities, indecent terms or words disrespectful to religion or race, Ofcom's move to censure him breached his rights to free speech.

However, the High Court judges today ruled that Gaunt's "rant" against Stark was "offensive and abusive" to the councillor, particularly in the use of the phrase "ignorant pig".

They 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 another rather heated discussion this afternoon with Bacon, Gaunt expressed his belief that the case is about "an attack on political freedom of expression" by Ofcom.

Gaunt, who now presents the SunTalk online radio show for News International, said that he is most incensed by what he views as unnecessary interference by the media regulator.

He claimed that the broadcast industry does not need an unelected quasi non-governmental body (quango) such as Ofcom to decide standards as it should be allowed to regulate itself.

"We don't need Ofcom because we've got an off switch," he said.

He also urged Prime Minister David Cameron to forge ahead with his previously mooted "bonfire of the quangos" as part of the new coalition government.

However, Ofcom chief executive Ed Richards said that the High Court judgement represents a "thorough endorsement" of the regulator's decision.

He added: "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."