Academic Freedom and freedom of speech within the law

As we begin the academic year, I want to reaffirm the University's commitment to academic freedom and freedom of speech within the law and provide a statement from me (included at the end of this message) that will be available on the University website and incorporated into other university communications.

A UK-wide survey of university students published by the Policy Institute, King's College London in September 2022, reported that, whilst 65% of UK students believe that free speech and robust debate are well protected at their institution, 15% of those surveyed felt free speech and debate were not protected on campus, with 10% expressing concern that other people's rights were not respected during discussions. The Policy Institute also referred to a "chilling effect" on the willingness to express certain viewpoints on UK campuses, with 50% of students believing that those with conservative views are reluctant to express them compared to 37% in 2019. It is similar for students with left-wing views, with concerns about expressing such opinions at their university more than doubling, from 14% in 2019 to 36% in 2022.

Academic freedom enables staff 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 the privileges they may have at their institutions. Freedom of speech includes the right of all to freedom of expression, that is the right lawfully to express their views. This includes the rights of visiting speakers on campus lawfully to express their views, as well as of staff and students to express their political views and other beliefs without fear of censorship. English law restricts speech in some ways. For example, it prohibits harassment, or incitement to hatred, but it does protect a person's right to say things which may shock or offend.

Academic freedom and freedom of speech within the law lie at the heart of our mission as an academic community and are incorporated into our Royal Charter, framing the legal obligations that we carry, individually and collectively within the University. Academic freedom and freedom of speech within the law are the foundation stones of our university, influencing almost all aspects of our mission: what and how we research; what and how we teach and learn, including course design and content; and how we generate knowledge through contestation and debate, including hosting debates and external speaker events every year. Upholding academic freedom and freedom of speech within the law is one of the great challenges of our time and it cannot be taken for granted. It is also complicated and, when we make mistakes (as we have and will), we want to learn from them.

Our challenges

• In May 2021, an independent review of two events at the University (the Reindorf Review) highlighted that some staff and students said that they felt constrained and needing to self-censor their speech and activity because of concerns about how we manage the balance between freedom of speech and our commitment to diversity, equality and inclusion. We have undertaken considerable work to rectify this. As a community this means we may encounter ideas or arguments which may be experienced as objectionable or offensive, with a line drawn at speech and conduct which is unlawful or contrary to the University's policies. As a University, we have now revised our Speaker Code of Practice designed to ensure that we support academic freedom and freedom of speech within the law. We have amended our: Equality, Diversity and Inclusion Policy; our approach to Supporting Trans, Non-Binary and Gender Non-Conforming Staff; our Harassment and Bullying Zero Tolerance Approach policy; and our Report and Support online system; as well as our support systems for reporting all forms of discrimination, bullying, hate incidents and harassment. We have also revised our Royal Charter. We expect our students to be challenged and we have a vital role in convening difficult and sometimes uncomfortable conversations. We are committed to creating safe spaces on campus and online in which ideas that some may find challenging or unpopular can be expressed and debated in a supportive and inclusive environment, and where members of our community can expect to learn, grow and develop through challenge.
• Following complaints about the nature and conduct of a protest at an external speaker event in October 2021, a University investigation made a number of recommendations. Our revised Speaker Code of Practice safeguards speakers' academic freedom and freedom of speech within the law and ensures all speakers are free to speak and are able to express their views within the law. It puts measures in place to enable any protest or counter speech to be organised appropriately, safely, peacefully and, crucially, lawfully, and it makes available support for members in our community who may find some lawful views objectionable or offensive. The Code applies to all speakers participating and contributing to activities at the University, including those organised through the Students' Union.
• In September 2022, as the University's Accountable Officer, I was asked to appear before the House of Commons Education Committee to explain the use of Content Information notes in the University. Content Information notes give prior descriptions of module material and the types of discussions that students will engage with during a module. The Select Committee also asked me to explain how we actively support engagement with a wide range of views in our teaching sessions, and how we prevent prejudice towards those who hold lawful but different views to a person teaching or others participating in the teaching session. In August - and prior to the invitation from the Select Committee - I asked for work to be undertaken in three areas:
  • That the guidance we offer our academic staff on the withdrawal of content in modules ensures that they are aware of the legal context in which they operate and that they remain as autonomous as possible in curriculum design, and with as few limitations on academic freedom as possible.
  • That guidance on the lawful use of Content Information notes is created. In 2021/22 we had 34 Content Information notes (up from 24 in 2020/21). Used lawfully, Content Information notes can support student learning and lie at the heart of ensuring that we do not exclude difficult of controversial issues from being discussed - and thus academic freedom of speech and freedom of speech within the law. Amongst a wide range of benefits, they take into account that some students may face challenges in engaging with some module content and in turn Content Information notes can facilitate advanced preparation to ensure effective student engagement.
  • That we create guidance and resources for leading and handling difficult conversations in teaching sessions and events, including encouraging open and frank discussions that enable all students to express their views within the law, which may, for example, be different from those held by lecturers and other students. I hope the outcome of this work will be welcomed and help staff successfully navigate increasingly complex issues.

I have also asked the Director of People and Culture to undertake work to ensure that the University is consistently discharging our responsibilities as an employer to support all staff and students who are exercising their academic freedom and rights to freedom of speech within the law and who are subject to abuse and/or discrimination in doing so. This is complicated but important work and I am keen that members of the University know where they can raise any concerns and, where appropriate, that we are able to respond quickly and supportively.

Conclusion

We have taken important steps to uphold academic freedom and freedom of speech, but I know that we do so in a rapidly changing world, where there are significant social and technological changes, including how we and others use social media. Amongst other challenges that we need to take into account, is the evolution of the legal context in which we have to operate, for example: the UK Government's proscribing of organisations which carries consequences for academic freedom and freedom of speech; Court of Appeal rulings; and of course, laws made by Parliament. We are carefully monitoring the legal context in which we operate to ensure we can update our policies and provide the necessary advice to support our staff and students.

The Higher Education Freedom of Speech Bill is now at the Committee Stage in the House of Lords and, following completion of the Parliamentary process, is expected to become law in early 2023. We will have to wait and see whether further amendments will be made, prior to the Bill being passed as law that all universities will be required to implement. Amongst a range of new obligations, the legislation will: i) require universities to go beyond the current requirement of taking reasonable practical steps to uphold academic freedom and freedom of speech, to actively promoting this; ii) require a new complaints procedure, including a new process of legal redress for staff and students; iii) require new reporting requirements in addition to the existing Prevent Duty Accountability and Data Return; and iv) require the appointment of a Free Speech and Academic Freedom Champion in the Office for Students. We will need to respond rapidly to these changes when they become law.

Having the right policies in place is of course vital in promoting the learning, living and working cultures that we want and in ensuring that the University acts lawfully. Our policies enable us to be unequivocal in setting out the behaviours that we expect and provide clear expectations for how we treat each other. But policies are only effective if our staff and students are aware of them and feel confident using them - and only then can they be effective in promoting an inclusive environment for us to work, study, research, teach and live, shaped by a plurality of voices. We have therefore focused on widespread awareness-raising of the centrality of academic freedom and freedom of speech within the law for staff and students and the Students' Union, through meetings, training and communications, of which this blog is a part.

We have 1,500 speaker events in a typical year, we deliver hundreds of courses and everyone has a right to peaceful protest within the law. As a university we are a community where ideas are contested and we don't always get things right, but any failure is one failure too many. Learning from incidents and complaints, through transparency and a sustained focus on continual improvement is key and, if there are complaints, we will investigate them and we will take appropriate action within a context of being an educational community and ensuring that we operate within the law.

Academic freedom and freedom of speech within the law is not a problem to be 'fixed', it is more complicated than this - it is a challenge to be 'lived' and it is one of the great challenges of our time. We must all work hard to ensure this is the case as members of the University.

Vice-Chancellor's Statement

At the University of Essex, we convene difficult and sometimes uncomfortable conversations on our campuses through our teaching and research and extra-curricular events. We are committed to enabling people to speak freely within the law by providing a supportive and inclusive environment, within which people can expect to learn, grow and develop through challenge. As a community this means that we may encounter ideas or arguments which may be experienced as objectionable or offensive, with a line drawn at speech and conduct which is unlawful or contrary to the University's policies.