Gaunt, R (on the application of) v The Office of Communications

Gaunt, R (on the application of) v The Office of Communications

The combination of the interview's aggressive tone, constant interruptions, insults, lack of substantive content, and the time it was allowed to continue justified Ofcom's finding that rules 2.1 and 2.3 of the Broadcasting Code were breached. The publication of the finding, without further sanction, was a...

Source-derived case information.

Parties
Appellant: Jon Gaunt; Respondent: The Office of Communications (Ofcom); Intervener: Liberty
Jurisdiction
England and Wales
Judgment Date
17 June 2011
Procedural Posture
Judicial Review / Appeal From Divisional Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Freedom of Expression, Broadcasting Standards, Proportionality, Article 10 ECHR
Constitutional Law Media Law Human Rights Freedom of Expression Broadcasting Standards Proportionality Article 10 ECHR

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Parties

Jon Gaunt

Appellant

The Office of Communications (Ofcom)

Respondent

Liberty

Intervener

Procedural Posture

Judicial Review / Appeal From Divisional Court to Court of Appeal

Legal Issues

  1. 1 Whether Ofcom's finding that the interview breached the Broadcasting Code was a disproportionate interference with the appellant's freedom of expression under Article 10 ECHR
  2. 2 Whether the sanction imposed was proportionate to the legitimate aim pursued

Ratio Decidendi

The combination of the interview's aggressive tone, constant interruptions, insults, lack of substantive content, and the time it was allowed to continue justified Ofcom's finding that rules 2.1 and 2.3 of the Broadcasting Code were breached. The publication of the finding, without further sanction, was a proportionate interference with the appellant's Article 10 rights.

Court Disposition

Appeal dismissed

Orders

  • Mr Gaunt’s appeal is dismissed.