A RADIO DJ who was sacked after calling a Redbridge Councillor a 'Nazi' during an on-air debate - has won the right to challenge a ruling made against him by the broadcasting watchdog.

Jon Gaunt had his contract terminated by Talksport after labelling Cllr Michael Stark - former cabinet member for Children's Services - a 'health Nazi' and 'pig ignorant' during a conversation in November 2008 about the council's decision to ban smoking couples from adopting children.

Broadcasting regulator Ofcom later decided to uphold the 53 complaints made against Mr Gaunt after the show under its rules on offensive material.

Mr Gaunt - who was in care himself as a child - believes the move was an 'affront to democracy' and was granted permission to challenge Ofcom's decision in the High Court yesterday (Wednesday).

He told the Guardian that he stands by the comments he made to Cllr Stark and that his campaign was about fighting for the freedom to criticise professional politicians.

He said: "This is about driving a coach and horses through the heart of Ofcom.

"They are an unelected quango with no right to decide on this fundamental human right.

"I felt that councillor Stark was a health Nazi for introducing the (smokers not allowed) policy and I still stand by that.

"I have no personal problem with Cllr Stark. He has a right to his own opinion and argued his case strongly.

"But I did have the right to criticise him and his policy. This is a fundamental right.

"Ofcom said I had breached the rules by saying what I did to Cllr Stark. But they should not have the right to say what people can and can't say.

"This is about the freedom of people to criticise politicians and to hold them to account.

"This is about having the right to stand up for children in care in Redbridge who I believe are being denied the chance of a good home because of Redbridge Council's smoking policy."

His campaign has been supported by Shami Chakrabarti, head of the civil liberties group, Liberty.

She said: "This case could have a profound effect on the future for journalists in this country.

"Liberty is a small organisation, and we would not have got involved if we didn't feel that this was of such major importance.

"It is a fundamental right of journalists, and anyone else to question and criticise politicians. This is about the freedom of Jon as a journalist to stand up for the rights of children in care in Redbridge.

"Human rights have to be applied with an even hand."

Ofcom said it found that Mr Gaunt's language and overall conduct during the interview had the potential to cause offence to many listeners and that there was too little editorial justification for the offensive material.

Cllr Stark, who has yet to comment on yesterday's decision, defended the council's smoking policy during the interview by saying that the welfare of children was more important than the needs of foster parents.

A date for the judicial review has yet to be announced.