Freedom of Speech and Harassment
The University has legal duties to secure freedom of speech and academic freedom within the law for its members, staff, students and visiting speakers. The Student Code of Conduct also requires you to respect the rights of others (including rights of free speech and academic freedom within the law).
Freedom of speech means: Freedom to impart lawful ideas, opinions or information, in speech, writing, or images without interference.
Academic freedom means: In relation to the University's academic staff, freedom within the law (a) to question and test received wisdom; and (b) to put forward ideas and controversial or unpopular opinions, without placing themselves at risk of being adversely affected by (i) loss of their jobs or privileges at the University; or (ii) the likelihood of their securing promotion or different jobs being reduced.
Freedom of speech and academic freedom form a cornerstone of the University’s purpose to transform lives. We believe free speech enhances knowledge and learning, stimulates research and innovation, encourages critical thinking and enables our students and community to be exposed to, understand, challenge and debate differing viewpoints, beliefs and perspectives within a respectful and inclusive environment without fear of reprisal. As such, it is critical that free speech within the law is both protected and encouraged across the University.
The law affords a high level of protection to the right of free speech and speech will generally be protected unless unlawful. This includes speech which to some may be shocking, disturbing or offensive. The University works on the assumption that the exposure of students to course materials, and statements made and views expressed by a person as part of teaching, research or discussions about any subject matter that is connected with the content of a University course, are unlikely to constitute ‘harassment’, unless otherwise demonstrated that they do.
When applying its policies, including the policies and issues covered by this training, the University will have particular regard to, and place significant weight on the importance of freedom of speech and academic freedom within the law, and tolerance for controversial views in an educational context and environment. As such, these policies will be interpreted and applied in a manner compatible with the University’s Freedom of Speech Code of Practice and our legal duties to secure freedom of speech and academic freedom within the law.
Further details of the University’s legal duties and values relating to freedom of speech and our approach where issues of free speech arise are set out in our Freedom of Speech Code of Practice. In cases of uncertainty, the definitive and up-to-date statement of the University’s approach to freedom of speech is set out in the Code.
What This Means in Practice
Students being exposed to any of the following is unlikely to amount to harassment:
- The content of higher education course materials, including but not limited to books, videos, sound recordings, and pictures.
- Statements made and views expressed by a person as part of teaching, research or discussions about any subject matter which is connected with the content of a higher education course.
Finding something offensive does not automatically make it harassment. Freedom of speech allows for the expression of lawful opinions, even if others may find them uncomfortable or offensive.
Examples
Scenario 1: A Political Protest with Controversial Signs
A group of protesters gathers in a public square to express their opposition to a government policy. Some of the signs they carry include:
- “The Prime Minister is a liar and a disgrace.”
- “This government is destroying our future.”
- “Shame on the voters who supported this!”
These statements are harsh, provocative, and potentially offensive to government supporters or public officials. However, they are protected under freedom of speech laws because:
- They express political opinion, which is one of the most protected forms of speech.
- They do not incite violence, hatred, or discrimination.
- They are not defamatory in a legal sense (e.g., they are opinions, not provably false factual claims).
Why It’s Lawful
In countries with strong free speech protections, like Article 10 of the European Convention on Human Rights, the law allows individuals to express even unpopular or offensive views, especially in political contexts.
Scenario 2 : A Heated Conversation between Students
Two student housemates, Alex and Jordan, are having a private conversation about a recent election in their kitchen. Jordan expresses support for a particular political party. Alex strongly disagrees and says:
“I think anyone who supports that party is either ignorant or doesn’t care about human rights.”
Jordan is offended by the comment, feeling personally attacked.
Why It’s Offensive but Lawful
Offensive:
- The statement is blunt and could be seen as insulting or dismissive of Jordan’s views.
Lawful:
- It’s an expression of political opinion, which is highly protected under free speech laws.
- It does not include threats, harassment, or hate speech.
- It occurs in a private, non-public setting, and doesn’t incite others to act harmfully.