Freedom of Speech Code of Practice
1. Purpose
1.1 The purpose of this Code of Practice (“Code”) is to promote and secure the freedom of speech and academic freedom within the law for our students, staff, members and visiting speakers.
1.2.This Code sets out how UEL will follow the principles set out in our Freedom of Speech Statement to protect and promote freedom of speech and academic freedom within our community and for visiting speakers, guests and other visitors.
2. Scope
2.1. This Code applies to:
- all UEL members, and staff;
- UEL students;
- all persons invited to speak or attend events that are held, organised, funded or branded by UEL or that use our premises or digital platforms;
- all events, meetings, all education and research activities, that are held, organised, funded or branded by UEL or that use our premises or digital platforms.
2.2. Meetings, events and activities which are organised and held by, and on the premises occupied by East London Students’ Union, are covered by East London Students' Union Freedom of Speech Code of Practice.
2.3. 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 reducing the likelihood of them securing promotion or different roles at the university.
3. Our values
3.1 Challenge and debate are central to the pursuit of knowledge within our university. We encourage the free expression of opinions, beliefs, and viewpoints among our community members, including staff, students, and guest speakers, even if the views expressed are distasteful, unwelcome, controversial, or provocative to some.
3.2. We are committed to being an inclusive university where all members of our community demonstrate mutual respect and tolerance for each other. In exercising their right to freedom of speech, we expect every member of our community to respect the rights and freedoms of individuals, and the principles of equality, diversity and inclusion. All members of our university community share the responsibility for creating a tolerant environment for the exchange of ideas and the cultivation of knowledge so that all participants may express their views lawfully and, where necessary, demonstrate rational disagreement with mutual respect.
3.3. Free speech must always be exercised within the law.
4. Legislative Framework
4.1. We have implemented this Code to ensure compliance with the obligations set forth in Section 43 of the Education (No 2) Act 1986, as amended by the Higher Education and Research Act 2017.
4.2. Under the Counter-Terrorism and Security Act of 2015, we are required to have ‘due regard to the need to prevent people from being drawn into terrorism’. This statutory obligation is commonly referred to as the 'Prevent Duty’.
4.3. We are bound by the Equality Act 2010 which requires us to eliminate discrimination, harassment and victimisation, advance equal opportunity, and foster good relations across all sections of our community. Discrimination on the grounds of race, sex, age, religion or philosophical belief, sexual orientation, disability, gender reassignment, marriage and civil partnership, or pregnancy or maternity are not permitted. We will carry out these responsibilities in a manner that does not undermine freedom of speech and academic freedom.
4.4 We are required to fulfill other legislative requirements that may be relevant such as The Protection from Harassment Act 1997 which prohibits harassment, or the Terrorism Act and Public Order Act.
5. Principles
5.1 We have set out below the principles underpinning our values on freedom of speech and academic freedom.
5.2. Curriculum design and assessment should allow diverse opinions to be expressed without fear of censorship or restriction. Course content, learning activities and University events should expose our students and staff to research findings, course material, discussion and speakers’ views that challenge their own ideas and opinions. These views might be offensive, contentious, or unacceptable to some, but they must not breach the law.
5.3. Regulations, policies and procedures will be reviewed regularly to reflect our duty to secure freedom of speech and academic freedom within the law.
5.4. Members of the community will not face disciplinary action or less favourable treatment for exercising their right to free speech or academic freedom within the law.
5.5. Research support and funding processes will apply the principles set out in this Code when accepting and rejecting research funding. We will proactively assess whether the overseas funding arrangements or other criteria associated with the admission of students or visiting academics do not restrict their own or others' free speech or academic freedom.
5.6. We are dedicated to equipping every member of our university community with the knowledge to raise concerns about freedom of speech and academic freedom, and we are committed to addressing these concerns promptly and effectively. We encourage our staff and students to actively mediate and resolve disputes relating to freedom of speech or academic freedom. If these mediation efforts do not result in an agreement, the matter should then be escalated to a formal procedure for further consideration.
5.7 When standards of conduct are in breach this Code and that breach cannot be resolved or it is not suitable to be resolved through informal means, we may initiate our disciplinary procedures. This does not apply to staff designated as senior post holders, whose conduct is governed by different procedures which are set out in our Articles of Government.
5.8. Our university spaces will not be denied to any individual or group because of their beliefs, views and aims, so far as is reasonably practicable, while ensuring that members and groups within the University community comply with our Equality and Prevent Duties, human rights law and all other applicable legal duties and laws.
5.9. Our library will supply materials that represent a range of perspectives on controversial topics, enabling users to enhance their skills in critical reading and thinking.
6. Events
6.1. We encourage our community members to organise events, meetings or other activities (“Events”) and invite a diverse range of speakers. When Events are organised, we will follow the procedures laid out in this section and our Procedure for Organising Events with External Speakers.
6.2. All spaces to be used for Events must be booked in accordance with our booking process and all Events with external speakers must be reported to the University Secretary. We have procedures in place for discharging our duty in regard to Events which are held on our premises and are noted in this Code of Practice. This includes undertaking a risk assessment for Events which come under this Code.
6.3. We will not unreasonably deny permission to Events to be held in our facilities or on digital platforms on the grounds of the beliefs or views of the organisers or participants. However, in certain exceptional circumstances, we may deny permission for an Event to take place if we reasonably believe that the views or ideas likely to be put forward, the manner of their expression, or the event in question:
(i) is likely to lead to the unlawful expression of views;
(ii) is against the law or is likely to incite breach of law;
(iii) is likely to risk drawing people into terrorism or disseminate terrorist ideas or ideologies, or whether a proposed visiting speaker or invited participant is on the UK sanctions list or belongs to a sanctioned organisation;
(iv) is likely to constitute a criminal offence, and/or unlawful discrimination;
(v) is likely to present a threat to the health and safety of public, students, staff or individuals attending the event;
(vi) is likely to infringe the rights of others;
(vii) aims to interfere with an approved Event. Any protest must be conducted in a peaceful way without infringing the rights of others, including the right to freedom of speech;
(viii) is likely to advocate or engage in violence;
6.4. In instances where there is a risk of any situations occurring as described in Section 6.4, we will take into account our legal responsibilities in deciding whether to:
- allow the Event to proceed or be postponed;
- withdraw an invitation;
- impose conditions to mitigate identified risks.
6.5. An Event is classified as a ‘designated activity’ if any of the following conditions are met, and such activities should only proceed after the approval of the [External Speakers and other Designated Activities Request Panel] (Panel), who is responsible for overseeing them:
i. There is there any possibility of a situation arising in which people might experience harassment, intimidation, verbal abuse, or violence?;
ii. The speaker is likely to express controversial views/likely to express views that may attract protest?
iii. The speaker is known to hold controversial views/known to hold views that may attract protest?
iv. The speaker is from an area where the geo-political situation may attract protest?
v. The subject matter of the event is relating to an area where the geo-political situation may attract protest?
vi. The subject matter, topic, or title of the event is controversial, or likely to evoke a strong emotive response if advertised to the general public?
6.6. The External Speaker Events Booking Procedure and Risk Assessment outline how we review and approve requests received.
6.7. We expect speakers and individuals attending Events to respect our values under Section 3. Members of our community, speakers and attendees should show tolerance and respect towards all sections of the community.
6.8. When deciding whether to invite speakers, Event organisers should consider how their event will contribute to the advancement of education in a university setting.
6.9. The Event organiser is responsible for making external speakers aware of this Code and that they comply with it and any conditions set out at the time of booking. Where an Event has been approved to go ahead, the Event organiser will be responsible for liaising with the relevant members of university staff to make sure that any conditions are met.
6.10. We will typically cover the costs of security for events held on our premises. However, in exceptional circumstances, such as when security costs are disproportionate to the number of attendees, or when visiting speakers are expected to provide their own security due to their political or state office, these costs may be passed on to the event organisers.
7. Publicity and Training
7.1. We are committed to providing clarity over what constitutes freedom of speech and academic freedom to ensure that students and staff feel confidence in freely expressing their opinions, within the legal framework.
7.2. In doing this, we will bring this Code to the attention of students and staff regularly at the respective inductions, through student handbooks, policies and procedures and provision of training for staff.
8. Freedom of Speech Complaints
8.1. If you are a student or a former student, and you have a complaint about the exercise of freedom of speech or academic freedom, you may submit your complaint using our Student Complaints Procedure.
8.2. If you are a current member of staff or have left UEL employment within the last 14 days and you have concerns about whether we have followed our Freedom of Speech Code of Practice, you should follow the internal staff grievance procedure to make a complaint.
8.3. If you are a visiting speaker, or a former member of staff who and 14 days have passed from the termination of your employment and you have a complaint concerning the exercise of freedom of speech or academic freedom, you may file a complaint using by contacting fos@uel.ac.uk and we will contact you for further details.
8.4. We will conclude the complaints and appeals regarding freedom of speech and academic freedom as rapidly as is reasonably practicable and within 90 days.
9. Responsibilities
9.1. The University Secretary and Chief Compliance Officer is responsible for ensuring compliance with legislation and regulatory requirements and reporting on its operation to the Board of Governors at least every three years.
9.2. The Freedom of Speech Advisory Group (Chaired by the University Secretary and Chief Compliance Officer) is responsible for implementation, review and updating of the Code of Practice and related procedures.
9.3. The University Executive Board will ensure freedom of expression and academic freedom are promoted and protected in all other University activities.
9.4. Deans of School are responsible for ensuring freedom of expression and academic freedom is promoted and protected in the planning of teaching and learning activity, research and all other academic activities.
9.5. The Office for Compliance, Governance and Legal Services oversees consistency in applying any policies and procedures relevant to this Code of Practice.
10. Approval, Review and Monitoring
version | effective from | Policy owner | approval date | author | Approval Committee/Board | date for review |
---|---|---|---|---|---|---|
V1.0 | August 2024 | University Secretary and Chief Compliance Officer | 14/08/2024 | Ceren Alver Compliance Officer Wendy Monaghan Policies Manager Mary Mitchison General Counsel and Head of Legal Services | University Executive Board | July 2025 |