Skip to content Accessibility statement
 

Notes on Regulation 10

Regulation 10: Freedom of speech within the University explains how we ensure freedom of speech is exercised on campus and at events held at the University. This includes events organised centrally, or by departments, student societies and groups. 

As you would expect in a university, a place of enquiry and debate, events sometimes involve speakers and/or subjects which are controversial and sensitive in nature. It is a legal requirement that the University allows these events to take place, but sometimes we may need to set conditions before it proceeds. The starting point is that freedom of speech and academic freedom which is within the law should flourish on campus - and it is a high bar for such speech to be unlawful.

Regulation 10 is currently under a thorough review and will need to be amended in light of the HE (Free Speech) Bill due be passed into law by the middle of 2023. However, the main tenets and principles of free speech and academic freedom will not be affected by the new legislation.

Are freedom of speech and academic freedom the same thing?

No, but they are related as both have in common the importance of being able to freely express lawful views on any topics.

Freedom of speech applies to individuals more widely including professional services staff and external visitors, which might include external academics, politicians, journalists, writers, campaigners, presenters or anyone in the public eye.

Academic freedom relates to those freedoms of opinion and expression of academic staff employed by the University. It is the right to express views as an academic normally, but not always, relating to their teaching and research, without any fear that expressing views which others disagree with would damage their reputation, relationship with colleagues or anything to do with their employment status (such as opportunities for promotion or other form of recognition and reward).

Will you delay, cancel or shut down events involving speakers who publicly express controversial views? 

This would be rare and would not be because of what they were saying unless this was judged to be breaking the law.

Instead, it would be due to consequences leading up to/surrounding the event such as matters of safety. The University’s starting point is that freedom of speech and academic freedom which is within the law should flourish on campus - and it is a high bar for such speech to be unlawful. Groups, departments and societies across campus reflect a wide range of opinions, and one group may invite a speaker whose views are offensive to others. Whilst the speaker's views may be controversial, and may cause offence and upset to an individual or others, if the views they express are lawful then our policy on free speech is to allow the event to go ahead.

The event organisers must comply with our event management procedures: where a speaker is judged controversial or the topic is sensitive and potentially offensive, the University will undertake a risk assessment process before confirming whether an event can go ahead. The existence of a risk assessment is not a negative mark or adverse judgement. It is a means of evaluating any risks attached to the event in terms of the safety, security and wellbeing of all parties including the speaker(s), organisers, those chairing the event and those attending or peacefully protesting outside the event. We may also request that the event is chaired by an independent individual, able to encourage debate between the speakers and audience. The risk assessment will include consideration of online risks - for example, the possibility that people involved in organising or objecting to an event could be subject to trolling or online criticism by those who disagree with their position.

Do speakers need to comply with University policies?

Speakers are expected to read and abide by our Dignity at Work and Study Policy, and are made aware of our social media policy as a clear indication of what the University expects of our visitors to campus.

These policies also apply to the rest of the University community and inform how they engage with other staff and students.

Understandably it is often the case that no one, including the University, is allowed to see the detailed content or ‘script’ of the event such as a lecture or a talk as this intrudes on the rights of the speaker. However, the University and event's organisers should expect to be able to ask and have answered reasonable questions about the content of the speech/event to inform an assessment.

Who oversees the event management and risk assessment process?

Where a risk assessment is needed (which is not common), the University is required to oversee the process centrally.

A group led by the Academic Registrar reviewed the risk assessment process in 2022, taking into account learning from events held, to ensure it covered all the necessary categories. Risk assessment meetings for specific events are normally chaired by the Academic Registrar and include members of the Equality, Diversity and Inclusion team, Campus Safety, Communications, University Secretary, and representatives of YUSU and/or GSA. 

 

How do the organisers and the University ensure that a controversial speaker or their topic is challenged during the course of the event?

Firstly, we expect events to be managed by a named organiser who is in close liaison with the speaker(s), and who will cover all matters including venue arrangements, chairing of the meeting, coordination of any tickets and other arrangements for those attending.

We would also normally have a senior staff member from the University present to ensure the event runs smoothly.

We wouldn't wish to insist on a panel-style event, where different views are aired as you would see on programmes such as BBC’s Question Time. However, we do encourage debate on the ‘stage’ and at least for any chair of the event to encourage that to happen between speakers and audience members, in a civilised and respectful way.

Organisers are also encouraged to ensure the event is not restricted to a group of individuals who all hold the same views and perspectives: this guards against the risk of ‘group think’ or being seen to be excluding others. In practice, we know that even those who belong to the same student society, for example, will inevitably have a range of different views and perspectives on any given subject.

Can I protest against an event or speaker?

Yes. Peaceful and respectful protest is part and parcel of a democracy. It may feel challenging to be asked to show respect to someone who you feel doesn’t respect you, but your protest is likely to be better received. When we risk assess an event if there is awareness or likelihood of protest, a space will be set aside to enable that protest to go ahead safely for all parties. 

Be aware that when you publicly protest an event, or express strong views in opposition to an individual or topic online, people may become interested in you. You may be photographed by the media, or your image may be shared to social media by others at the event. Sadly in some cases individuals may seek out your social media accounts with the aim of trolling or doxing you. It is important to consider these impacts before attending a public protest and to check your privacy settings across your social media platforms.

How do we support students or staff who are affected by such events?

An event may take place which is hurtful or deeply offensive to a student, group of students or staff. This does not mean that the University, YUSU or GSA is disregarding your feelings, but we have an important role to play to be neutral and uphold lawful free speech. We encourage those affected to set up their own talk and discussion and invite a speaker to present a different perspective. Also, we encourage anyone affected to talk to their supervisor or line manager or to use other support and wellbeing services within the University:

Who can I contact to raise my concerns?

If you wish to discuss any implications of this policy, please email the Academic Registrar or the University Secretary with your concerns.