CASE STUDY: Jon Gaunt

Question 1

The case basics

Answer 1

• November 2008
• Jon Gaunt was interviewing Redbrige councillor Michael Stark on TalkSport
• The interview was regarding not letting people who smoke become foster parents.
• During the interview he labeled Mr Stark as being a ‘health nazi’ and an ‘ignorant pig’.
• He said the chances of children finding fosters parents would be lost.
• Viewers complained about his offensive comments and tone.
• Ofcom found against Gaunt and TalkSport but offered no punishment.. Gaunt went to court to overturn the ruling.
• Gaunt was fired by TalkSport

Question 2

What happened?

Answer 2

• Gaunt teamed up with Liberty to take legal action against Ofcom.
• Gaunt claiming its decision breached Article 10 of the European Convention on Human Rights and was an interference with his freedom of expression.
• Gaunt loss in the high court case and the ruling was in Ofcoms favour.
• Mr Justice Blair said freedom of expression ‘may not extend to gratuitous offensive insult or abuse, nor, we think, to repeated abusive shouting which serves to express no real content”.
• The words Gaunt used can be seen as highly offence.

Question 3

Who are Ofcom?

Answer 3

• Ofcom is the regulatory body for all broadcasting the most update version is from May 2016
• Since January 2017 all of the BBC.
• Ofcom is required under the Communications Act 2003 and the Broadcasting Act 1996 to draw up a code for television and radio, covering standards in programmes, sponsorship, product placement in television programmes, fairness and privacy.

Question 4

What does the
Ofcom code say about harm and offence?
(section two)

Answer 4

Ofcom need to provide adequate protection for members of the public from the inclusion in such services of harmful and/or offensive material.

• In applying generally accepted standards broadcasters must ensure that material which may cause offence is justified by the context.
• This includes offensive language, distress, humiliation
• Gaunt’s comments cannot be justified by context.
• And context meaning if the factors for example time, material and auidence can justify what has been said.

Question 5

What does Ofcom’s code say about fairness?(section 7)

Answer 5

• Could this also have been a problem with Gaunts comments?
• Principle: ‘To ensure that broadcasters avoid unjust or unfair treatment of individuals or organisations in programmes.’

Question 6

What does section 3 of the communications act 2003 say in regards to offence and fairness?

Answer 6

Provide adequate protection to members of the public from the inclusion of offensive and harmful material and unfair treatment in programmes.

Question 7

What does the Broadcasting Act 1996, chapter 55 say in regards to fairness?

Answer 7

unjust or unfair treatment in programmes to which this section applies

Question 8

What does the European Convention on Human Rights Article 10 say?

Answer 8

• Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
• The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or the rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

Question 9

What does The human rights act 1998 say in regards this case?

Answer 9

Section 12 Freedom of expression:
where the proceedings relate to material which the respondent claims, or which appears to the court, to be journalistic, literary or artisic material

Section 13:
Freedom of thought, conscience and religion.