- Landmark Bill will require universities to promote freedom of
speech on campus
- Legal duties will also be extended to students’ unions
- Individuals to be given a right to seek compensation through
the courts where freedom of speech duties have been breached
A historic bill introduced in Parliament today (12 May) will
strengthen the legal duties on higher education providers in
England to protect freedom of speech on campuses up and down the
country, for students, academics and visiting speakers.
The Higher Education (Freedom of Speech) Bill will bring in new
measures that will require universities and colleges registered
with the Office for Students to defend free speech and help stamp
out unlawful ‘silencing’.
For the first time, these legal duties will also be extended to
students’ unions, which, under the measures in the Bill, will
have to take reasonably practicable steps to ensure lawful
freedom of speech.
This delivers on a manifesto commitment to strengthen academic
freedom and free speech in higher education and will help protect
the reputation of our universities as centres of academic
freedom. Universities, colleges and students’ unions that breach
these duties may face sanctions, including fines.
Education Secretary
said:
“It is a basic human right to be able to express ourselves freely
and take part in rigorous debate. Our legal system allows us to
articulate views which others may disagree with as long as they
don’t meet the threshold of hate speech or inciting violence.
This must be defended, nowhere more so than within our
world-renowned universities
“Holding universities to account on the importance of freedom of
speech in higher education is a milestone moment in fulfilling
our manifesto commitment, protecting the rights of students and
academics, and countering the chilling effect of censorship on
campus once and for all.
A new Director for Freedom of Speech and Academic Freedom will
sit on the board of the Office for Students, with responsibility
for investigations of breaches of the new freedom of speech
duties, including a new complaints scheme for students, staff and
visiting speakers who have suffered loss due to a breach.
The Bill comes in light of examples of a ‘chilling effect’
on students, staff and invited speakers feeling unable to speak
out. In one incident, Bristol Middle East
Forum was charged almost £500 in security costs
to invite the Israeli Ambassador to speak at an event.
In another example, over one hundred academics signed a letter
expressing public opposition to Professor Nigel Biggar’s research
project ‘Ethics and Empire’, because he had said that British
people should have ‘pride as well as shame’ in the Empire.
Registered higher education providers in England will have
extended legal duties not only to take steps to secure freedom of
speech and academic freedom, but also to promote these important
values.
Universities Minister, said:
“The values of freedom of speech and academic freedom are a huge
part of what makes our higher education system so well respected
around the world.
“Which is why this government will tackle head on the growing
chilling effect on our campuses which is silencing and censoring
students, academics and visiting speakers.
“This bill will ensure universities not only protect free speech
but promote it too. After all how can we expect society to
progress or for opinions to modernise unless we can challenge the
status quo?”
The government has been clear throughout that it is important to
distinguish between lawful, if offensive, views on one hand and
unacceptable acts of abuse, intimidation, and violence on the
other.
Higher education providers and students’ unions must ensure that
they comply with their legal duties on discrimination and
harassment as well as their legal duties to protect freedom of
speech.
