Guide to Freedom of Speech

Whilst often used interchangeably, freedom of speech and academic freedom are different terms that relate to each other.

• Freedom of speech means everyone has the right to express lawful views and opinions freely, in speech or in writing, without interference.
• Academic freedom means protecting the intellectual independence of academics to question and test received views and wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themselves in danger of losing their jobs or privileges or experiencing a reduction in the likelihood that they would secure a promotion or a different job at the University.

Ref: Code of Practice section 3.1

The University of Birmingham is an academic community of staff and students; a place for open, critical thinking, and the creation, sharing and dissemination of knowledge. We are a university that teaches, researches, and applies knowledge in a comprehensive range of subjects. In this environment, academic freedom, and freedom of speech, are fundamental: the ability of all our members freely to challenge prevailing orthodoxies, query the positions and views of others, and to put forward ideas that may sometimes be radical or dissenting in their formulation. 

We are committed to securing freedom of speech within the law for all our members, staff, students and visiting speakers. We are also committed to ensuring academic freedom for all academic staff and any visiting academics invited by the University, its staff, or students.

As a higher education provider, the University has a legal responsibility to promote freedom of speech. The Higher Education (Freedom of Speech) Act 2023 requires that higher education institutions protect and promote the importance of freedom of speech within the law for staff, students, and visiting speakers, and academic freedom.

Ref: Code of Practice sections 2.1 and 3.3

Freedom of speech and academic freedom are qualified rights. This means that freedom of speech and academic freedom will not be protected if they contravene some other law.

For example, speech which is in contravention of other laws :

• Is likely to cause fear of, or provoke violence;
• Stir up hatred on grounds of race, religion, or sexual orientation;
• Express extremist views that risk drawing people into terrorism or are shared by terrorist groups, or encourage terrorism-related offences;
• Is likely to cause harassment or discrimination;
• Breach of criminal law.

This is not an exhaustive list. Every case will be different and so is to be considered on its own merits. The challenge for universities is to provide an environment which promotes and protects freedom of speech, whilst also identifying when the purported exercise of freedom of speech crosses a threshold and becomes unlawful. In practice, it is important to recognise that these are often complex matters requiring difficult judgements and that there may be a perception of conflicting rights which need to be balanced.

Speech is not necessarily unlawful where it shocks, offends, or disturbs, or might be distasteful or painful to others.

Ref: Code of Practice section 3.3

The Code of Practice sets out the University’s values in respect of freedom of speech, provides advice and guidance on its application within the University, and sets out responsibilities for decision-making within the University. It provides procedures which are intended to protect and promote lawful freedom of speech.

More information is provided on the aims of the Code in Sections 1 and 2 of the Code of Practice.

The Code of Practice applies to:

• All members, staff, and students of the University, and
• Visiting speakers and all other persons invited to speak by the University or by its staff and students.

Ref: Code of Practice section 1.2

The Code of Practice applies to a range of university activities, including meetings, events and demonstrations, and in teaching and research settings.

For meetings, events and demonstrations, the Code of Practice applies to:

• all events, demonstrations, protests and other events organised by a member of staff or student of the University,
• events organised by individuals or groups using the University name, funding, branding or facilities.

It is particularly relevant to the following activities (although this list is not exhaustive):

• events with a visiting speaker;
• public meetings, arranged internally or externally, and held physically or virtually;
• demonstrations, protests or marches on campus;
• other forms of freedom of speech.

In teaching and research settings, the Code of Practice applies to:

• teaching in classroom and online settings (including lectures and seminars);
• the curriculum;
• field trips, conferences and research seminars;
• other academic activities that take place within a School or College, whether organised by staff or students.

All the activities listed above require an identified Principal Organiser, for example the teaching module lead or event organiser, who should be a current student or staff member at the University and is responsible for ensuring adherence to the Code of Practice for Freedom of Speech. The University is not a public square and does not have to entertain requests for events on our campus organised by those not associated with the University.

Ref: Code of Practice sections 5 and 6 

The Guild of Students will be required to have its own Code of Practice for Freedom of Speech when the parts of the Higher Education (Freedom of Speech) Act applying to Students Unions come into force – anticipated to be August 2024. Where an event or activity is organised by a Guild-affiliated society or is taking place on Guild premises, their Code of Practice will apply.

Where an event or activity organised through the Guild also takes place on University premises or uses University resources (e.g. branding, funding), the University’s Code will also be applicable to the relevant extent.

The University's Code of Practice for Freedom of Speech applies to the Guild and University activities until such time as the Guild policy is live and applies in its own right.

Ref: Code of Practice section 4.3

Please visit the webpage for information and guidance on applying the Code of Practice for Freedom of Speech to meetings, events and demonstrations. This include guidance on when you should submit an Event Authorisation Form to gain approval for your event.

Please visit the webpage for information and guidance on applying the Code of Practice for Freedom of Speech to education and research settings. This includes guidance on when you should submit an Event Authorisation Form to gain approval for your event.

Advice and guidance on freedom of speech matters can be sought from the Senior Coordinating Officer for the Code of Practice, who is the Chief of Staff, Mark Senior. He is supported by the Director of Legal Services, Dr Nicola Cárdenas-Blanco.

The University has appointed Authorising Officers who will act to ensure as far as is reasonably practicable, that all students, staff and visiting speakers comply with the requirements of this Code. The following Authorising Officers are responsible for specific aspects of the Code and for authorising related activities:

• Director of Campus Services, Simon Bray – approval of events involving visiting speakers, demonstrations, protests and similar events;
• Pro-Vice-Chancellor (Education), Professor Deborah Longworth – for education, teaching and student matters;
• Pro-Vice-Chancellor (Research), Professor Rachel O’Reilly – for research matters

These officers may nominate senior deputies to support their discharging of these responsibilities and take advice from the Senior Coordinating Officer, Director of Legal Services, and others.

Each area of the University has a primary and secondary nominated contact for Freedom of Speech. The primary contact should be the first point of contact for any questions relating to the Code of Practice for Freedom of Speech and its application to university activities. The secondary contact can be consulted when needed.

The role of the nominated contact is to provide advice and guidance on the Code of Practice and its application, they are not authorised to make decisions about whether specific events or activities can go ahead. This responsibility lies with the Senior Officer in each area, e.g. Head of School, Head of College, Professional Services Director.

Ref: Code of Practice section 7