Our legal obligations to uphold academic freedom and freedom of speech within the law and ensuring our campuses are safe and welcoming places

We need to be a place where difficult and sometimes uncomfortable conversations can take place, that may be objectionable or offensive, but lawful. Freedom of speech within the law is an essential part of academic and university life, and flourishes where there is tolerance of, and respect for, a wide range of views and beliefs. However, our actions in securing and promoting freedom of expression need to take account of our responsibilities to ensure activities undertaken on our campuses are lawful.

The 1953 European Convention right to freedom of expression, the Education Act 1986 and the Higher Education (Freedom of Speech) Act 2023 all set the context for – and the particular importance of – academic freedom and freedom of speech. However, in upholding academic freedom and freedom of speech, the University must also take into account other laws which place obligations on the University and members of our community. This includes for example upholding anti-discrimination law through the Equality Act 2010, the 2000 Terrorism Act, and the Counter-Terrorism and Security Act 2015. Alongside these external legal requirements, are the University’s own procedures, codes and practices, specifically designed to ensure the University acts lawfully and is a welcoming and supportive place for our staff and students. These can supplement but not contradict UK law and we have taken legal advice to ensure this is the case.

Smita Jamdar, Head of Education at the leading law firm Shakespeare Martineau has recently written about these other external obligations. Smita comments that ‘…public order offences – such as incitement to racial or religious hatred…’ may also constitute unlawful harassment under the Equality Act, and institutions may be obliged to act on that basis. Smita also comments that through the 2000 Terrorism Act and the Counter-Terrorism and Security Act 2015, individuals and universities carry the responsibility to avoid ‘…arranging, managing or assisting in arranging or managing a meeting to support a PO [Proscribed Organisation], to further the activities of a PO, or to be addressed by a person who belongs or professes to belong to a PO.’ If a university permits this to happen, or doesn’t take reasonable steps to safeguard against this, it risks breaching a duty under the Counter-Terrorism and Security Act 2015, to have due regard to the need to prevent people from being drawn into terrorism. In addition, the statutory Prevent guidance underpinning this duty, extends to exposure to non-violent extremism as well as terrorism.

In managing this wide range of responsibilities, at Essex we have a Speaker Code of Practice. This provides us with the confidence that the University is discharging our duties in an appropriate way. All staff and students can make a request to the University to hold an event and for this to be considered. We have widely advertised our procedures through our Speaker Code of Practice – and each year we provide extensive training support to staff and students. We also work closely with the Students’ Union and their trustees, who carry similar legal responsibilities to that of the University.

No outside organisation or individual has a legal right to invite themselves onto our campuses without permission, or host events that have not been approved through our Speaker Code of Practice. Our campuses are private property, we have a legal duty to ensure students and staff are safe and free from unlawful harassment and the University must ensure it is discharging its legal obligations responsibly and fairly. We do this through our Speaker Code of Practice which is a key mechanism to ensure the University is a place where difficult and sometimes uncomfortable conversations can take place, in a secure, robust and lawful way.

Our approach ensures that the University of Essex is a place where our staff and students can vigorously debate issues and challenge conventional thinking, within the law and as Smita Jamdar says ‘…without exposing themselves or others to the consequences of engaging in speech that is outside the law.’

More detailed information has also been published on the University's website.