Gaunt wins right to appeal 'Nazi' ruling

Radio presenter Jon Gaunt has won the right to appeal a High Court ruling that Ofcom was correct to rebuke him over his intention to offend in calling a guest a "Nazi" live on air.

Gaunt launched the appeal process after a judicial review failed to overturn Ofcom's decision to censure his 2008 interview which aired on the TalkSport station.

In a heated exchange with councillor Michael Stark about Redbridge Council's decision to prevent smokers from becoming foster parents, Gaunt accused Stark of being a "Nazi", a "health Nazi" and an "ignorant pig".

Even though he apologised for the comments, Gaunt was sacked by TalkSport and has since been trying to clear his name, claiming that Ofcom wrongly challenged his freedom of expression.

Judges at the High Court dismissed Gaunt's judicial review in July last year, describing the interview as a "rant" that was "offensive and abusive".

Gaunt was also refused permission to appeal the ruling, but was granted the right to submit another application at the Court of Appeal.

According to the Press Gazette, Lord Justice Thomas today granted Gaunt permission to appeal the verdict, saying that he should be entitled to contest whether the High Court had followed the correct principles.

Representing Gaunt, Gavin Millar QC claimed that the High Court had misunderstood the context in which he used the term "ignorant pig".

Millar added: "A highly aggressive approach in a political interview is not a matter that justifies interference by the state with freedom of expression on the basis of harm and offence."