Jon Gaunt and Talksport Nazis

Jon Gaunt has lost his appeal against a high court ruling that media watchdog Ofcom was justified in upholding complaints about a TalkSport interview in which he called a local councillor a Nazi .

Gaunt appealed after last year losing a high court freedom of expression challenge against Ofcom's ruling that the interview breached its broadcasting code. However, three court of appeal judges have now rejected his appeal against the high court's July 2010 decision.

Lord Neuberger said it was important to observe that the broadcasting code recognised that offensive material or language will often be justifiable, but justifiability must be assessed by reference to the context .

In summary, when one combines the extremely aggressive tone of the interview, the constant interruptions, the insults, the ranting, the consequent lack of any substantive content, and the time which the interview was allowed to run on, it seems to me clear that Ofcom was right to conclude that there had been a breach of ... the code .

It had been suggested that Ofcom attached too much weight and too much offensiveness to the Nazi , health Nazi and ignorant pig insults levied at Stark. But Neuberger said: In my view, however, Ofcom quite correctly took those insults into account, but only as a factor among others which, when taken together, rendered the interview in breach of ... the code.

An Ofcom spokesman said: The court of appeal agreed that the interview had an extremely aggressive tone combined with constant interruptions, was full of insults, ranting, and lacked any substantive content and that it was a breach of generally accepted standards.

The radio presenter Jon Gaunt who called a councillor a Nazi live on air has won the right to appeal a High Court decision which branded his interview offensive and abusive.

Gaunt launched the appeal after an earlier judicial review failed to overturn a decision made by Ofcom that he had breached the broadcasting code.

The broadcast regulator upheld complaints against Gaunt after he called Redbridge councillor Michael Stark a Nazi and an ignorant pig during an interview on his TalkSport radio show in November, 2008. Gaunt, who was in care as a child, was angry as he felt that the chance of finding a foster home would be lost under the new policy.

Gaunt then sought a judicial review claiming the broadcast regulator unlawfully interfered with his freedom of expression. However, Sir Anthony May and Justice Blair dismissed his judicial review proceedings at London's High Court in July last year saying that: the essential point is that the offensive and abusive nature of the broadcast was gratuitous, having no factual content or justification.

Lord Justice Thomas, granting permission to appeal, said Gaunt should be entitled to argue whether the High Court had followed the correct principles.

The judicial review hearing of Ofcom's decision to uphold complaints against the radio talk show host Jon Gaunt has begun in the High Court. Liberty, the human rights group, has intervened in the case because of its wider importance to free speech.

Shami Chakrabarti, Director of Liberty, said: Too many people say – my speech is free but yours is more expensive. Love him or hate him, Jon Gaunt's case is a vital defence of everyone's political speech under Article 10 of the Human Rights Act. None of us should take this freedom for granted.

Jon Gaunt said: British people have fought tooth and nail over the centuries since Magna Carta to defend and protect the right to free speech. Our forefathers fought the Nazis in the 20th century to protect such rights. It would be painfully ironic if use of the word 'Nazi' were to defeat us when the real Nazis couldn't.

Martin Howe, Jon Gaunt's solicitor, said: A free press and media is an essential and fundamental ingredient of meaningful democracy. Broadcasters should be free to test our elected politicians on matters such as expenses, front-line cuts, terror policies, the prosecution of wars etc. In Jon Gaunt's case he should be free to challenge a controversial childcare policy. Presenters in political debate should not be looking over their shoulder waiting for the Ofcom gag to be slapped on. Tyranny triumphs when good men are silenced. Our democracy has more to fear from faceless bureaucrats thumbing their thesaurus than from the plain speaking polemic of Jon Gaunt.

Jon Gaunt was sacked from TALKsport on 19 November 2008, two weeks after he called a Redbridge Council representative a Nazi , a Health Nazi and an ignorant pig during an on-air discussion about the Council's ban on placing vulnerable children with foster parents who smoke.