Freedom of Speech
What is free speech?
The University of London is committed to Free Speech and Academic Freedom as concepts that should be protected as it is the role of universities to nurture debate and to create and disseminate knowledge responsibly and for public benefit.
Free speech is defined as the freedom to impart ideas, opinions, and information by means of speech, writing or images within the law. It is a broad concept that includes freedom of expression, the freedom to protest, and academic freedom. We acknowledge that the laws of the state impose constraints on speakers and topics and therefore that we and those exercising their rights to free speech and expression must do so within those laws.
There will be times when aspects of this definition and associated rights and responsibilities will be in tension with one another. The role of the University is to manage these tensions with an overriding commitment to protect freedom of speech and expression within the law. In a time of contestation, universities have a unique role to foster debate and the free exchange of ideas – facilitating how such conversations happen is a more urgent question than ever.
We believe that those exercising rights are also exercising responsibilities beyond that of simply not breaking the law and that in some circumstances (e.g. professional modes of conduct) additional expectations regarding both the protection of free speech in an academic context and responsible free speech are appropriate, valuable and an aide not a hindrance to the freedom to debate and engage and to the creation and dissemination of knowledge.
Our definitions and our values are grounded in UK legislation and Article 10 (Freedom of Expression) of the European Convention on Human Rights, as well as our own core values of enabling social good, the power of collaboration and reaching new horizons through learning which in turn underpin our educational mission as a university.
What is Freedom of Speech and Academic Freedom within the law?
The University is mindful of the applicable restrictions in UK law and those of the jurisdictions with which it engages and will take all reasonably practicable steps to ensure freedom of speech within the law.
The University is also aware that in the UK if a speaker breaks the law, it is the speaker who is culpable, and the University will not hesitate to take appropriate disciplinary or legal action including the reporting of a crime when the law is broken. In the UK context, there are restrictions on free speech that are embedded in legislation, and which may criminalise speech or limit freedom of expression.
These include, but may not be limited to:
- The Equality Act (2010), which prohibits discrimination and harassment on the basis of protected characteristics (including philosophical beliefs).
- The Public Order Act (1986), which restricts the stirring up of hatred on the grounds of race, religion, or sexual discrimination.
- The Terrorism Act (2006) and Counter Terrorism and Security Act (2015), including the Prevent duty which prohibits support for proscribed organisations and discourages permissive environments for radicalisation.
- The Malicious Communications Act (1998), which defines the offence of sending a message which is indecent or grossly offensive and has the purpose of causing distress or anxiety to the recipient.
- The Protection from Harassment Act (1997), which further defines harassment in the context of knowingly harassing someone such that they are persuaded not to do something they are entitled to or to do something they are not obligated to do.
- The Sexual Offences (Amendment) Act (1992), which protects the anonymity of victims.
- The Defamation Act (2013), which defines the nature and defence of statements that cause or may cause serious harm to a legal entity.
Academic freedom in relation to academic staff at the University, means their freedom within the law (see 3.1-3.2 above) to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themselves in jeopardy of losing their jobs or privileges at the University. The University also believes that the exercise of academic freedom within the law should not reduce the likelihood of their securing promotion or different jobs at the University.
Additionally, when a person applies to become a member of academic staff of the University, the person should not be adversely affected in relation to the application because they have exercised their freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions.
The University is committed to providing a very high level of protection for free speech and expression within the law in an academic context. The steps the University will take to provide this level of protection are detailed in Section 4 of the University’s Freedom of Speech & Academic Freedom Code of Practice.
The University recognises that study and research by students and staff may also include academic speech and that professional staff may speak in academic contexts relevant to their professions and academic disciplines and so where possible students and professional staff should be subject to equivalent protections and responsibilities (see 4.1, 4.4 below) to the extent that the University may provide them.
How do I know if someone’s behaviour is protected by free speech?
Under the Higher Education Freedom of Speech Act, shocking, offensive or hurtful speech is permissible. It is not permitted for such speech to become bullying, harassment, discrimination or hate speech. You can read our definitions of these on our support pages. [Link].
EHRC guidance states that the harassment provisions of the Equality Act 2010 cannot be used to undermine academic freedom. Learning experiences may include exposure to course material, discussions or speakers’ views that some may find offensive or unacceptable, and this is unlikely to be considered harassment under the Equality Act.
The university details behaviours further information in our Freedom of Speech and Academic Freedom Code of Practice. These definitions are there to help you understand if you may have been subjected to conduct that is not permissible.
What should I do if I think there has been unlawful speech that may amount to harassment, discrimination or hate speech?
Complaints to the University relating to Free Speech or Academic Freedom
- Students: If you cannot resolve your concern informally, please refer to our Student Complaints policy and procedure and/or email: A&C@london.ac.uk
- Staff: If you cannot resolve your concern informally with your line manager then please refer to the University’s grievance process.
- Applicants for academic posts: If you have a free speech concern in relation to our appointment process please email: recruitment@london.ac.uk
- Applicants for academic promotion: If you have a free speech concern in relation to our academic promotion process you may appeal by contacting: hrpartnering@london.ac.uk.
- Visitors/ Speakers: If you cannot resolve your concern informally then please refer to our visitor regulations and/or email: uolevents@london.ac.uk
Escalation to the Office for Students*
- Our understanding is that the OfS will be given the power to consider complaints at their discretion, rather than obliged to consider every complaint.
- The OfS scheme will be open to staff and visiting speakers, but not to students. Students will continue to have access to the Office of the Independent Adjudicator (OIA) complaints scheme for their unresolved complaints.
*Pending legislative change and the publication of details of the OfS scheme.