Jon Gaunt’s defeat is a blow against a British Fox News
Radio presenter loses legal attempt to defend “Nazi” slur.
By George Eaton Published 13 July 2010 13:41
I am not one of those who is disappointed that Jon Gaunt has lost his legal action aginst Ofcom, which upheld complaints against him after he described a local councillor as a "Nazi" during a radio interview.
Never mind Gaunt's opportunistic attempt to cite the Human Rights Act in his defence (there are few who have done more to demonise this law), there was simply no evidence that the ruling breached his right to free expression.
After all, it was not Ofcom that forced his departure, but his then employer, TalkSport (Gaunt now fronts the Sun's online radio station, SunTalk). And while, in my view, Gaunt has an absolute right to free speech, he does not have an inalienable right to broadcast his opinions on national radio.
Ofcom merely ruled that Gaunt's description of Councillor Michael Stark, who defended the local authority's decision to ban smokers from becoming foster parents, as a "Nazi", a "health Nazi" and an "ignorant pig" was offensive and unjustified.
But the Gaunt ruling is not just a defeat for the right-wing blowhard, it also a blow against the "Foxification" of UK news. Several tabloid journalists expressed the hope that a victory for Gaunt would clear the way for a more aggressive, opinionated form of broadcasting.
The Sun's Kelvin MacKenzie, for instance, wrote: "In a few weeks' time I expect my colleague and friend Jon Gaunt to win a major victory in the high court which will change the radio and TV landscape . . . with broadcasters allowed to express views for the first time."
MacKenzie added: "They might at last be able to make money out of news (at the moment they lose a fortune), just like Fox so successfully does in the United States."
But the threat is not over yet. In a speech tailor-made to woo the Murdoch empire, David Cameron promised that "Ofcom as we know it will cease to exist". So far, Cameron has shown little desire to act on this pledge, but the Gaunt case is a reminder, if needed, of why we need Ofcom.
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20 comments
This man is a hypocrite trying to get UK to pull out of the human rights bill and then using article 10 to appeal his case
John Gaunt is a Smug Git.
these fox news there are racist they are not a news station there are bound of racist who they are pack together to just go aganist obama and black poeple latino.wake up from monring with fox and friend till on a record late night dey just go aganist obama no new it just to lie every day so my people of uk send dem bak to usa to go and meet glenn beck calling obama racist on live tv,ruch limbo said he want obama to failed so uk people send dem back pls
@ Bryan Rose Jnr
"The right will rise again"?
Nice pithy phrase and all that, but when was the right anything other but dominant?
According to bloggers in Coventry the Councillor interviewed by Gaunt implied that foster parents who smoked were effectively untrustworthy and that was why he did not support them fostering children. If that is true then the Councillor was himself offensive to foster parents who smoke. I didn't hear the broadcast so I am uncertain as to whether that is what he said.
I think this article does not do justice to the court ruling on this case.
The High Court said the word Nazi was “capable of being highly insulting” but that in context it “may be seen as an emphatic and pejorative assertion that Mr Stark (the Councillor) was, in the matter of smoking and fostering children, one who imposes his views on others. It was not, in the context, a description of Mr Stark’s wider political or ideological position.”
Although the Court accepted that the language used by Mr Gaunt was ‘political speech’ and thus deserving of the highest level of protection under Article 10 of the Human Rights Act, it found that Ofcom’s finding was justified because Mr Gaunt had “lost his rag” and the later part of the interview had become abusive shouting and NOT because he described the Councillor as a Nazi per se.
It was not, therefore, a total defeat. For Mr Justice Blair said Gaunt's use of the word "Nazi" was protected on human rights grounds because it was "political speech",the judge said he found that Gaunt's conduct of the interview "became increasingly abusive, hectoring and out of control". When dismissing Gaunt's judicial review action, he ruled that the DJ's labelling of Stark as an "ignorant pig" had "no contextual justification at all and was said with such venom as to constitute gratuitous offensive opinion abuse".
The judge also accepted that the discussion on Gaunt's show was "political and controversial" and "the person interviewed was an elected politician who would expect to receive and tolerate a rough ride". "It was therefore an interview where the claimant's freedom of expression should be accorded a high degree of protection and that was capable of extending to offensive expression".
I think that's a pretty fair judgement.
Ralph
Gaunt is a bullying, self-centred, bad mannered racist dog turd!! The worst radio presenter ever and a recruiting sergent for the BNP.
He referred to lapdancers as slags and this was half 10 on a saturday morning. A totally nasty excuse for a man!
Jon Gaunt, Kelvin MacKenzie et al are thinly veiled bigots who use their [unfortunately] far-reaching platforms to spout their hateful views.
This ruling is, in my opinion, most welcome.
I heard the Gaunty interview with the councilor. Gaunty's background, his mum died and his dad suffered a breakdown, saw Gaunty in care. His aunt took him in, who smoked.
The point Gaunty was trying to put across, was that in this councilors town, today, he would have remained in care.
With people who are overweight, and those who smoke, denied fostering rights, what next?? the councilor said people who smoked away from the kids may be lying, and smoke in the same room.
This caused Gaunty's outrage, and thousands supported his stance. His comments weren't that the councilor was a Nazi per se, but he was a health facist, and selfish in my views.Ignorant?? Yes he was.
Gaunt's words were strong, yet on the likes of radio 5 live, this councilor would be let off scot free.Someone has to stand for those with no voice.
Isn’t this a case for industrial tribunal? He was sacked for being ill mannered and rude just like Brand and Ross. Allowing Jon Gaunt to solve this dispute through the HRA is just more political correctness gone mad in soft-touch Britain. You couldn’t make it up!
Name calling of an interviewee by a broadcaster is unacceptable and breaches OFCOM's guidelines.
Britain has a reputation for producing tough interviewers. However Paxman, Humphreys and Snow have never to my knowledge ever name called anyone they have interviewed.
Gaunt acted wrongly, broke the rules and got the sack. Gaunt comes across as a vile person with at times extreme right wing views.
He was foul on both Richard Bacon and Jeremy Vine's radio shows, showing him to be unfit to broadcast in the UK.
Gaunt's views,whilst to the right, are not extreme, he campaigns against the BNP, believes in capped immigration, but is not anti immigration full stop.
I support him, and i'm a left thinking person of the old school. he is anti BBC, in thinking Radio 1 and 2 should be sold, but supports all other BBC Radio.He does not fit into the bracket most try to put him into.
@Wayne. Jon Gaunt as a broadcaster is completely incapable of undertaking an interview without raising his voice or engaging in an argument.
If people are right wing then fair enough. But to reduce British Broadcasting to the type of vile slanging match that Gaunt obviously supports would be a disaster.
Just try listening to the so called shock jocks in America, that is what Gaunt wants for us.
Thanks George for shedding light on the difference between free speech and free universally broadcast speech.
I hadn't thought of it before and we need to think of it that way.
The sun has a radio station? I suppose that's helpful for those who can't read.
Kelvin McKenzie is an ass. Another who knows the price of everything and the valuer of nothing. News is not there to make money - it is there to inform.
The Foxification of UK news continues apace. Just take a look at the format and content of ITV News every night of the week to appreciate that point. The most insulting, right leaning trash it's ever been my misfortune to come across in this country...and I'm including SKY News in that judgement.
What Gaunt said was not offensive. He is entitled to air his opinion, as Radio presenter's and journalist's should be. Again Free Speech only exist's for the Left.
Don't worry, once NewsCorp buys out bskyb and takes full control of Sky News, we will finally have a British Fox News. About time to, to even it up. The BBC have been biased against the Right, and said offensive things about Palin etc.
It will happen look at Boulton/Campbell and Burley etc they have been told to be more aggressive. A British Fox News and a British T.E.A Party movement which is soon to be formed the Right will rise again.
Bryan Rose Jr
I am afraid not. The Right will never rise in the UK in the same way that it has in the US and there are a number of reasons for this:
1. Geographic: We are a small Island, the states is vast country. We certainly have more media outlets and a plurality of views expressed within them.
2. Political: This is the Britain of the welfare state, the NHS, set up by socialists. There has never been such an apparatus set up in the US because of the TEA party and the republicans (ably supported by their lobbyists in the pharma and health insurance industries).
3. As for the BBC being left biased, thats a canard and you know it is. Nick Robinson, political editor no less, former young tory. They are providing no challenge to the coalition and have been asked not to by the DG.
4. The right have enough media outlets, talk(bollocks)Sport, SKY News and the Mail, Telegraph, Times, The Sun, The Express, The Economist,The Spectator. To be countered by the Guardian, The Mirror, this august publication. So who already controls the media?
The right will be shown for what it is in the next few months as the cuts bite, people are unemployed, made homeless. I think you will find a repudiation of the right will come.
In fact I believe one of the first law the coalition should pass is the one that stands in the States and Canada in relation to the ability to own a media outlet and residence. This should go through the same Bill that abolishes OFCOM. (Not that I agree with that abolition, but as Murdoch paid for the election, this is his quid pro quo). The Coalition could show some backbone maintain OFCOM and stop the BSKYB transaction but I doubt it will if current form is anything to go by.
In 2001 on BBC Three Counties Radio, Jon Gaunt urged residents of Marsh Farm, Luton, to "Get your bricks out, John Prescott is in Town". This irresponsible broadcasting was only a day before John Prescott was assaulted in Rhyl. His kind of behaviour is inappropriate in British broadcasting and the ruling is to be welcomed.
Isn't it perverse that Gaunt could well be relying on his hated (meddling) European Court of Human Rights to get him off the hook. You couldn't make this up!
I wonder who's paying Gaunt's legal fees?