Former TalkSport presenter, Jon Gaunt (represented by Gavin Millar QC and Mark Henderson instructed by Howe & Co.), has won the right to a judicial review of the decision by media regulator Ofcom finding him in breach of the Broadcasting Code for remarks made on air.

During an on-air exchange that took place on his TalkSport show in November 2008, Gaunt called an interviewee - Cllr Michael Stark, the Cabinet Member for Children's Services at Redbridge council - a "Nazi", "health Nazi" and "ignorant pig" during an interview about Redbridge's plans to ban smokers from fostering children.

TalkSport dismissed him ten days after the interview was broadcast.

Gaunt contends that by finding him in breach of the Broadcasting Code, Ofcom had breached his right to freedom of expression under the Human Rights Act.

Gavin Millar QC for Mr Gaunt said that the presenter's choice of language did not warrant censure by Ofcom.

"In the 21st century, in a heated debate with a politician, to call them an ignorant pig is not the stuff of an intervention by a regulator," Millar told the court.

"It's not offensive material of the sort to justify invention by a regulator - it's a very sad day for free speech if that justifies intervention by a regulator."

David Anderson QC for Ofcom disputed that Jon Gaunt's comments constituted political speech.

Liberty also intervened in the case, and its Director, Shami Chakrabarti described it as a "very important case for free speech" and welcomed the decision of Stadlen J to grant permission at the end of a half day.

Media reports

• Liberty - Liberty support "shock jock" Jon Gaunt's free speech challenge to Ofcom - read

• The Guardian - Jon Gaunt wins right to free speechchallenge against media regulator - read

• BBC - 'Nazi' remark presenter wins right to challenge Ofcom - read

• Times Online - Radio presenter Jon Gaunt wins right to challenge 'Nazi' ruling by Ofcom - read

• Independent - Gaunt heads to court after censure for 'Nazi' jibe - read

• The Guardian - Jon Gaunt begins TalkSport court battle - read