Code of practice concerning freedom of speech

Introduction

1. The University of Leicester (the “University”) is required [by the Education Act (No.2) Act 1986 (the 1986 Act’)] to take steps that, having particular regard to the importance of free speech, are reasonably practicable for it to take in order to:
secure freedom of speech within the law for students, university staff, honorary and visiting staff, the Students’ Union, its affiliated organisations; and to all other persons invited or otherwise lawfully participating in university activities.

2. The University is fully committed, as an independent academic institution, to securing freedom of speech within the law for students, university staff, honorary and visiting staff, the Students’ Union, its affiliated organisations; and to all other persons invited or otherwise lawfully participating in university activities.

3. Freedom of speech is fundamental to ensuring the necessary environment for the pursuit of knowledge, for advancing new ideas, encouraging vigorous debate and challenging conventional wisdom, all of which are part of the University’s core mission.

4. The University’s Code of Practice Concerning Freedom of Speech (‘the Code’), sets out the University’s commitment to, and understanding of, freedom of speech and details how it will ensure this commitment is upheld. For details of the University’s commitment to academic freedom and the rights of academic staff to freedom in teaching and discussion, and in carrying out and dissemination of research, please see the University’s Ordinance on Academic Freedom (PDF, 191KB).   

5. The Code also details the processes to be followed by staff and students in organising events, meetings and other activities that fall within the scope of activities referred to in the Code.  

6. The University has a strong and well-established commitment to equity, diversity and inclusion as demonstrated through its 3 institutional values, of ‘Inclusive’, ‘Inspiring’ and ‘Impactful’. The University has a Dignity and Respect Framework in place and does not see its duties in relation to freedom of speech to stand in opposition to these commitments but, rather, to stand alongside them.

Scope

7. The Code of Practice, and of any procedures duly instituted in accordance with it, shall apply in full to all students, university staff, honorary and visiting staff, the Students’ Union, its affiliated organisations; and to all other persons invited or otherwise lawfully participating in university activities.

8. All persons to whom the Code applies are under an obligation to take no action which would hinder freedom of speech within the law, or which would prevent the University from discharging its duty to secure freedom of speech.

9. The Code also applies to informal or social activities, as well as to any more formal meetings or lectures, in person and online, as may be subject to the specific and detailed special arrangements set out below. Examples include visiting lecturers invited by academic staff, religious or political representatives speaking on campus, and events such as debates, speeches and conferences taking place in university facilities that have been organised by staff, students and external bodies.

10. The Code also applies to events hosted by or on behalf of the University (including the Students’ Union and its affiliated organisations) on non-university premises.

Key concepts and legal framework 

11. Freedom of speech means that everyone has the right to express lawful views and opinions freely, in speech or in writing, without interference.

12. Freedom of speech within the law is protected. This means that speech will not be protected if it contravenes some other law, and illegal or unlawful acts will not be tolerated by the University.

13. These concepts are underpinned by the Human Rights Act 1998, which brings the European Convention on Human Rights into direct effect in national law. Article 10 of the Convention articulates freedom of expression as a human right and sets out the limited circumstances in which that right might be circumscribed (such as to protect public safety, for the prevention of disorder or crime, or for the protection of the reputation or rights of others). These concepts also exist within other UK legislation. Universities in England have duties under the [Education (No.2) Act 1986] to take such steps as are reasonably practicable to secure and promote freedom of speech within the law for staff and students and for visiting speakers. 

14. Under the Equality Act 2010, staff and students must not be subjected to unlawful discrimination, harassment, intimidation or threats of violence on the grounds of race, sex, age, religion or philosophical belief, sexual orientation, disability, gender reassignment, marriage and civil partnership, or pregnancy or maternity. However, the provisions of the Equality Act 2010 are not to be interpreted to undermine freedom of speech. As a result, students’ learning experience and the working environment of staff may include exposure to research, course material, discussion or speakers’ views that they find offensive, contentious or unacceptable, but are nonetheless within the law, and unlikely to be considered unlawful harassment or discrimination under the Equality Act 2010.

15. Section 26 of the Counter-Terrorism and Security Act 2015 places a duty on certain bodies, including higher education institutions such as the University, in the exercise of their functions to have ‘due regard to the need to prevent people from being drawn into terrorism’. This necessitates the establishment of protocols and procedures by which to assess the risks associated with meetings or events that are University hosted, affiliated, funded, or branded. This Act also requires the University to have particular regard to its other duties with regard to freedom of speech. Debate, discussion, and critical enquiry are, in themselves, powerful tools in preventing people from being drawn into terrorism.

16. There are other legislative requirements that may be relevant in particular cases, such as offences under the Terrorism Acts if speech encourages terrorism, or amounts to the incitement of religious or racial hatred or hatred on the grounds of sexual orientation under the Public Order Acts, as well as statutory requirements relating to the holding of processions and assemblies. The University is not under any obligation to secure or promote freedom of speech that contravenes any legislative requirements.

Freedom of Speech Values 

17. The University recognises, supports and promotes freedom of speech within the law as a fundamental principle of a democratic society and one that is central to further and higher education.

18. The core mission of colleges and universities is the pursuit of knowledge, and the principle of free speech is fundamental to this purpose. Freedom of speech provides an environment to advance new ideas, encourage productive debate and challenge conventional wisdom. This freedom helps ensure that students develop the skills to question, debate, think critically and develop confidence in forming and discussing their own views and opinions.  Freedom of speech therefore receives a high level of protection.

19. The starting point is that speech is permitted, unless otherwise restricted by law. The University will ensure the use of the University’s premises is not denied on grounds connected with the beliefs, views, policies or objectives of an individual or body, as long as such use is at all times within the law. All events taking place on the University’s premises are private, unless the public is expressly invited to attend. 

20. At the University, all staff and students are entitled to teach, learn and research in a culture that values vigorous debate, including in relation to difficult, contentious or uncomfortable topics. The University recognises that this may sometimes include speech that is offensive but otherwise lawful.

21. The University is committed to ensuring that no individual or body of persons shall be prevented from studying, or participating in any academic activity, or being invited to deliver a lecture, or delivering a lecture, or complying with a contract of employment with the University, solely on account of their ideas or opinions, (provided that such ideas and opinions are lawful). Equally, the University does not expect that any individual or body of persons will make requests or seek to impose conditions requiring the observance of their ideas or opinions by the audience. 

Steps the University takes to ensure freedom of speech 

22. The University will ensure that its teaching, curriculum, policies and procedures reflect its duties to ensure, so far as is reasonably practicable, freedom of speech within the law. In particular: 

a. its processes for course development and approval, quality assurance and academic assessment will respect the rights of freedom of speech; 
b. its processes for facilitating research will respect the rights of freedom of speech; and
c. no individual will be subjected to disciplinary action or other less favourable treatment by or on behalf of the University because of the lawful exercise of freedom of speech.  

23. The University does not enter into non-disclosure agreements related to complaints about sexual misconduct, bullying or harassment.

24. The premises of the University will not be denied to any individual or body on the grounds of their ideas or opinions, unless these ideas or opinions are unlawful (e.g., support a proscribed organisation). 

25. The University is aware that the terms of certain overseas funding, including funding from endowments, gifts, donations, research grants and contracts, and educational or commercial partnerships, from any overseas country, may present a risk to freedom of speech. Therefore, the University has processes in place to ensure that risks to freedom of speech are identified and appropriately managed.

26. The University shall draw the attention of students to the Code of Practice annually.

27. The University shall also: 

a. ensure that the Code of Practice is brought to the attention of new students at registration and new staff during induction;
b. ensure that all relevant staff receive training on freedom of speech; 
c. periodically survey staff, students and other stakeholders to secure their views on whether freedom of speech at the institution is being adequately protected and take the findings into account;
d. ensure that there are adequate measures in place to raise concerns about freedom of speech;
e. ensure that when new policies and procedures are introduced consideration is given to their impact on freedom of speech; and
f. monitor any concerns that have been raised about freedom of speech and to ensure that they are addressed so far as is reasonably practical and that any lessons learned are incorporated into a review of relevant policies, practices and procedures.

Freedom of Speech Code of Practice

Read the Code of Practice Concerning Freedom of Speech (PDF, 548KB)