GAUNT v. THE UNITED KINGDOM - 26448/12 - Communicated Case [2014] ECHR 323 (04 March 2014)

GAUNT v. THE UNITED KINGDOM - 26448/12 - Communicated Case [2014] ECHR 323 (04 March 2014)

Ofcom’s finding that the broadcast breached broadcasting standards did not constitute a material interference with the applicant’s freedom of expression, as the offensive and abusive nature of the broadcast was gratuitous and unjustified, and the sanction imposed was limited to publication of the decision.

Citation
[2014] ECHR 323
Parties
Applicant: Jon Gaunt; Respondent: Ofcom; Third Party: Talksport; Interviewee: Michael Stark
Jurisdiction
European Union
Judgment Date
04 March 2014
Procedural Posture
Application to European Court of Human Rights / Communicated Case
Outcome
Ofcom’s findings upheld; no violation of Article 10 found.
Legal Topics
Freedom of Expression, Broadcasting Standards, Article 10 ECHR, Regulatory Oversight
Human Rights Law Media Law Administrative Law Freedom of Expression Broadcasting Standards Article 10 ECHR Regulatory Oversight

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Parties

Jon Gaunt

Applicant

Ofcom

Respondent

Talksport

Third Party

Michael Stark

Interviewee

Procedural Posture

Application to European Court of Human Rights / Communicated Case

Legal Issues

  1. 1 Whether Ofcom’s findings interfered with the applicant’s right to freedom of expression under Article 10
  2. 2 Whether any interference was justified under Article 10(2)

Ratio Decidendi

Ofcom’s finding that the broadcast breached broadcasting standards did not constitute a material interference with the applicant’s freedom of expression, as the offensive and abusive nature of the broadcast was gratuitous and unjustified, and the sanction imposed was limited to publication of the decision.

Court Disposition

Ofcom’s findings upheld; no violation of Article 10 found.

Orders

  • No sanction or penalty imposed other than publication of Ofcom’s decision.
  • Supreme Court refused permission to appeal.