Jon Gaunt v United Kingdom
The European Court of Human Rights has rejected a challenge brought by the radio broadcaster and columnist, Jon Gaunt, against the United Kingdom Government. The case centered on a finding by the media regulator, OFCOM, that an interview which Mr Gaunt had conducted on TalkSport in 2008 constituted a breach of the Broadcasting Code. A judicial review of OFCOM’s finding was dismissed by the Court of Appeal in 2011. Mr Gaunt subsequently issued proceedings before the ECtHR, arguing that the publication of OFCOM’s finding violated his rights as a broadcaster under Article 10. In a decision of its First Section, however, the ECtHR has now ruled that the publication of the finding by OFCOM was proportionate (serving the legitimate aim of protecting the rights of others) and that Mr Gaunt’s challenge under Article 10 was manifestly ill-founded within the meaning of Art 35(3)(a) of the Convention.
David Glen acted with David Anderson QC on behalf of the United Kingdom Government in the Strasbourg proceedings.