Which court decided it?

Court of Appeal in 2011. Neutral citation: [2011] EWCA Civ 692.

Why does it matter for UK journalists?

Ofcom Broadcasting Code applies to combative interview conduct. Article 10 does not shield gratuitously offensive personal attacks. Broadcast regulation is a legitimate proportionate interference with freedom of expression.

R (Gaunt) v Ofcom

[2011] EWCA Civ 692 — Court of Appeal, 2011

Last reviewed: 14 July 2026Next review due: 14 January 2027

What the court held

The Court of Appeal upheld an Ofcom finding that talkSPORT presenter Jon Gaunt breached the Broadcasting Code by calling a councillor a "Nazi" during a heated live interview. Balanced Article 10 press freedom against Ofcom's protection of standards.

Key rulings

Ofcom Broadcasting Code applies to combative interview conduct.
Article 10 does not shield gratuitously offensive personal attacks.
Broadcast regulation is a legitimate proportionate interference with freedom of expression.

Topics

Ofcombroadcasting-codeArticle 10 ECHR

Acts cited

Communications Act 2003
Human Rights Act 1998

Authoritative source

Read the full judgment on BAILII (British and Irish Legal Information Institute):

https://www.bailii.org/ew/cases/EWCA/Civ/2011/692.html

Related landmark cases

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Case summaries are drafted by UK JournoHub Editorial for practising UK journalists. They are not legal advice. Always consult primary sources and, for high-risk stories, take specialist legal advice.