The Office for Students (OfS) has today launched a consultation
on new guidance about freedom of speech, ahead of universities,
colleges and students’ unions taking on new free speech duties,
which is expected to be from August this year.
The guidance includes examples to illustrate what higher
education providers may or will have to do to fulfil these
duties. The examples also include scenarios to show where
universities, colleges and students’ unions may have breached
their free speech duties.
These include:
· University A accepts
international students on visiting scholarships funded by the
government of country B. Scholars must accept the principles of
the ruling party of country B, and direction from country B’s
government via consular staff. Depending on the circumstances,
these arrangements may undermine free speech and academic freedom
at University A. If so, that university is likely to have to
terminate or amend the scholarship agreement.
· Institute A in University B
is jointly funded by University B and a commercial entity based
in a foreign country C. Some staff at Institute A are appointed
through a process managed within country C. This process imposes
an ideological test as a condition of appointment and employment.
Depending on the circumstances, these arrangements may penalise
applicants to academic posts for their exercise of academic
freedom. They may also have the effect of restricting the free
speech and academic freedom of students and staff at University
B. In these circumstances, it is likely that University B must
terminate or amend these arrangements.
· University A’s student
handbook states: ‘Misgendering is never acceptable. You must
always address or refer to a person using their preferred
pronouns.’ Depending on the facts of the case, University A’s
rule is very likely to restrict freedom of speech within the law.
(For instance, a student writing a dissertation in criminology
might refer to trans women as ‘he’ because the student considers
this necessary for clarity.) If so, University A is likely to
have to remove this blanket rule.
· University A requires that
all teaching materials on British history will represent Britain,
and British foreign policy, in a positive light. In so far as
this requirement suppresses a particular viewpoint, it is likely
that University A would have to remove it.
From August, a new free-to-use complaints scheme will be
available for students, staff and visiting speakers who believe
there have been restrictions on their lawful free speech. If the
OfS upholds a complaint it can make recommendations on redress
for the complainant.
Alongside the guidance, the OfS is also consulting on changes to
its regulatory framework to reflect the OfS’s new duties and
functions on free speech and academic freedom.
Commenting, Arif Ahmed, Director for Freedom of Speech and
Academic Freedom at the OfS, said:
“Higher education in England is renowned across the world. An
absolutely fundamental element of education is the free exchange
of ideas, including those that may be controversial, shocking or
offensive. While we will judge each case on its facts and with an
open mind, this guidance is designed to help universities,
colleges and students’ unions navigate their new free speech
duties. It provides a range of practical steps to secure freedom
of speech within the law.
“While universities and colleges have been subject to statutory
requirements for freedom of speech since the 1986 Education (no.
2) Act came into force, it is important that they – alongside
students’ unions – are properly prepared for the new
requirements. This guidance gives them the opportunity to
consider their current policies, procedures and practices and to
take all the additional steps that they must take to secure this
most fundamental of rights.”
