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Freedom of Speech

Teesside University is committed to fostering an environment where lawful free expression, academic debate and intellectual challenge can flourish, while ensuring compliance with legal and regulatory obligations. The University allows staff, students and visiting speakers to share ideas, challenge views and take part in open debate without fear, while following the law.

Our commitment

The University is committed to securing and promoting freedom of speech within the law and academic freedom for staff, students and visiting speakers.

We seek to provide an environment that supports:

  • Open, rigorous and critical discussion across teaching, research and events
  • The lawful exploration of controversial, challenging or unpopular ideas
  • Academic freedom and intellectual independence for academic staff
  • Respectful debate, constructive challenge and the consideration of diverse viewpoints.

Freedom of speech is protected independently of the viewpoint being expressed, provided it is lawful. The University recognises that members of its community may hold differing views, including views that others may find controversial, offensive or unpopular.

The University will not normally adopt an institutional position on sensitive or politically contentious matters, nor affiliate with organisations that require adherence to a particular viewpoint. This does not prevent the University from taking positions where required by law, regulation, safeguarding responsibilities, or where necessary to protect the University's legitimate interests and functions.

Legal and regulatory framework

The University's approach is informed by key legislation and regulatory requirements, including:

  • Higher Education (Freedom of Speech) Act 2023
  • Education (No.2) Act 1986 (Section 43)
  • Higher Education (Freedom of Speech) Act 2023
  • Higher Education and Research Act 2017 and OfS HE Regulatory Framework
  • Equality act 2010

These require the University take all reasonably practicable steps to secure and protect lawful freedom of speech within the law, including ensuring that lawful events, debates and visiting speakers are not prevented from taking place.

Rights and responsibilities

Freedom of speech and academic freedom are fundamental to the University's role as a place of teaching, research and open debate. The University is required to take reasonably practicable steps to secure and promote freedom of speech within the law for staff, students and visiting speakers.

Freedom of speech is not an absolute right and must be exercised within the law. In discharging its duties, the University must also have regard to a range of other legal obligations, including:

  • Equality, diversity and inclusion obligations
  • Protection from harassment, discrimination and other unlawful conduct
  • Safety, public order and security requirements
  • Responsibilities under the Prevent duty.

The University will consider these duties alongside its freedom of speech obligations on a case-by-case basis. The fact that speech may be controversial, offensive, unpopular or give rise to disagreement will not, by itself, justify restriction. The University's role is to enable and protect lawful expression wherever reasonably practicable, whilst identifying and responding appropriately where speech or conduct becomes unlawful or where significant risks cannot be adequately mitigated.

Where the code applies

The code of practice applies to:

  • All University staff, students and governors
  • Visiting speakers, guest lecturers and external organisations engaging with the University
  • Individuals and groups using University premises, facilities, funding, branding or other University resources
  • Activities organised under the authority of, or on behalf of, the University.

The Code applies to teaching, research, visiting speaker events, demonstrations, protests and public meetings, whether taking place on University premises or as part of University-organised activities.

Where an activity is organised by the Students' Union, the Students' Union's Code of Practice on Freedom of Speech will normally apply. Where such activities also take place on University premises or involve University resources, the University and Students' Union will work together to ensure compliance with their respective statutory duties and Codes of Practice.

Freedom of speech and academic freedom in teaching and research

In teaching, learning and research activities, the University:

  • Encourages open discussion, critical enquiry and respectful challenge
  • Supports the exploration of sensitive, controversial and contested issues as an essential part of academic debate
  • Promotes learning environments in which participants can express, test and challenge ideas lawfully and respectfully
  • Seeks to ensure that a range of viewpoints can be explored and debated
  • Protects academic freedom and supports the right of staff and students to express lawful views and opinions
  • Ensures that no individual is disadvantaged solely because of the lawful exercise of freedom of speech or academic freedom.

Academic staff and event organisers are responsible for facilitating discussion, managing activities appropriately and ensuring compliance with the University's Code of Practice on Freedom of Speech.

Events and visiting speakers

The University is committed to securing freedom of speech within the law and supports the right of staff, students and visiting speakers to express lawful views and opinions.

Key principles include:

  • Events should normally proceed unless identified risks cannot be adequately mitigated through reasonably practicable measures
  • Organisers are responsible for assessing risks and following the University's approval procedures where required
  • The University may impose reasonable and proportionate conditions to facilitate an event and manage lawful risks, including security, stewarding or venue arrangements
  • Consent will not be unreasonably withheld where lawful views are being expressed
  • Events will not be refused solely because the views expressed are controversial, offensive, unpopular or likely to attract disagreement or protest.

The University will consider each event on its individual merits and, where risks are identified, will normally seek to implement reasonably practicable mitigations before considering cancellation, refusal or other restrictions.

No-platform policy/restriction on events

The University does not operate a blanket no-platform policy based on lawful viewpoints or beliefs.

Any decision to refuse, restrict or cancel an event will be based on an assessment of the specific circumstances and risks involved. Events will not be restricted solely because views are controversial, unpopular, offensive or likely to attract disagreement. Restrictions will only be applied where required to address unlawful activity, significant safety or security concerns, or other legal obligations that cannot be adequately mitigated.

Complaints and breaches

Concerns relating to freedom of speech or academic freedom may include the cancellation or restriction of events, conditions imposed on activities, disciplinary action, or other decisions that are believed to have adversely affected lawful freedom of speech or academic freedom.

Breaches of the code may result in disciplinary or other action under the University's applicable policies and procedures.

Complaints may be raised through:

  • Student complaints procedures
  • Staff grievance procedures
  • The University's complaints procedure for external speakers, visitors and other third parties.

Where a complainant remains dissatisfied following completion of the University's internal procedures, they may have access to an external complaints scheme depending on their status and the nature of the complaint, including the Office of the Independent Adjudicator (OIA) or, for eligible individuals, the Office for Students Free Speech Complaints Scheme.

Governance and oversight

  • The Board of Governors is responsible for approving and periodically reviewing the Code of Practice on Freedom of Speech
  • Legal and Governance Services oversee the implementation, monitoring and review of the Code including complaints procedures
  • Designated Authorising Officers are responsible for decisions relating to events, visiting speakers and, where appropriate, teaching and research activities that raise particular freedom of speech considerations
  • Advice and guidance on freedom of speech and academic freedom matters is available from Legal and Governance Services.

This governance framework helps ensure that decisions affecting freedom of speech are made consistently, transparently and in accordance with the University's legal and regulatory obligations.

Further information

Staff, students, visiting speakers and other members of the University community who require advice or guidance on freedom of speech or academic freedom matters should contact their School or Professional Service leadership team in the first instance, or seek advice directly from Legal and Governance Services.

Legal and Governance Services can provide guidance on the application of the University's Code of Practice on Freedom of Speech and how freedom of speech duties interact with other legal and regulatory obligations.

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