27 Jan 2010

Today the High Court granted permission for a judicial review of Ofcom’s decision to uphold complaints against the radio talk show host Jon Gaunt.

Liberty, the human rights group, has intervened in the case because of its wider importance to free speech.

Jon Gaunt said:

“If you can no longer robustly challenge politicians about care for children you cannot challenge politicians about anything. British broadcasters and reporters need to know that they can challenge politicians and other powerful people on behalf of the British public, without having to fear for their jobs and careers.

British people have had the right to freedom of speech since Magna Carta in 1215. I am not about to allow an unelected quango of 'Thought Police' like Ofcom steal that fundamental right away for the British people.”

Martin Howe, Jon Gaunt's solicitor said:

“Jon's case is ground breaking. The outcome of this case will determine our understanding of the right to freedom of speech for a generation. The outcome of this case will determine if Britain's airwaves will be allowed to remain a free and exciting medium able to engage in open and honest debate or will become a grey and timid desert.”

Shami Chakrabarti, Director of Liberty, said:

“We’re delighted that the judge granted permission in this plainly arguable and very important case for free speech. It is disappointing that Ofcom saw fit to resist even permission being granted.

The most chilling moment involved counsel for the regulator arguing that Jon Gaunt’s comments didn’t even count as "political speech". Thank goodness the Human Rights Act is there to protect us from the speech police and we look forward to supporting Gaunt in the next stage of this crucial legal battle.”

Jon Gaunt was sacked from TALKsport on 19 November, 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.

Contact: Liberty’s press office on 0207 378 3656 or 0797 3 831 128

Notes to Editors

1. In November 2008, Redbridge Council announced a policy prohibiting smokers (even those who smoked outside the home) from fostering or adopting children. Councillor Michael Stark defended the policy and was invited onto Jon Gaunt’s talkSPORT radio show on 7 November 2008. As a former foster child himself, Gaunt expressed the view that it was more important for children to have a good parent than a non-smoking parent. In the heated debate that followed, Gaunt referred to Councillor Stark as a “health Nazi”, a “Nazi” and an “ignorant pig”. Gaunt offered an apology for the comments; however a few days later the management at talkSPORT sacked him.