Presenter can appeal over 'abusive' interview

The radio presenter, who called a local councillor a "nazi" and an "ignorant pig" during an interview, challenged a decision by broadcasting regulator Ofcom that the comments to guest Michael Stark, who proposed a ban on smokers being able to foster children, were "gratuitously offensive" and breached the code.

The High Court dismissed claims by both Gaunt and human rights group Liberty that Ofcom's decision was an unlawful interference in the radio presenter's freedom of expression.

Gavin Millar QC, representing him yesterday at the Court of Appeal, said the High Court had misunderstood the context of the "ignorant pig" comment.

Gaunt had been in care himself, said Mr Millar, and fostered by a woman who smoked and the interview became more heated when Mr Stark said: "The point is that people do not live in the conditions that you were brought up in which obviously has had an effect on you."

Mr 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."

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

Gaunt's contract was terminated by TalkSport after the exchange with Mr Stark. Ofcom received 53 complaints about the interview.