Freedom of Speech Guidance, Resources and Training

The University of Lincoln is committed to promoting and securing freedom of speech within the law; it is core to University life.

The Code of Practice on Academic Freedom and Freedom of Speech is our formal statement of the University’s free speech values and associated policies and procedures. The information on this page is designed to complement the code by way of providing practical guidance to staff and students.

What is academic freedom and freedom of speech?

Academic freedom means that members of the University have freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themselves in jeopardy or losing their jobs or any privileges they may have at the University, or the likelihood of their securing promotion or different jobs at the provider being reduced.

Freedom of speech means the freedom, within the law, to receive and impart ideas, opinions or information by means of speech, writing or images (including in electronic form) without interference.

The University’s commitment to academic freedom and free speech is enshrined in the University’s Articles of Government and its Code of Practice on Academic Freedom and Freedom of Speech.

The University has specific duties under the Higher Education (Freedom of Speech) Act 2023 to take such steps as are reasonably practicable to secure and promote freedom of speech and academic freedom within the law for staff and students and for visiting speakers.

Free speech ‘within the law’

The right to freedom of speech is a human right under Article 10 of the European Convention on Human Rights (implemented in the UK by the Human Right Act 1998). 

The starting point is that speech is within the law unless there is a law that forbids it.

There are laws which regulate and/or restrict academic freedom and free speech. Some are more straightforward, whereas others are more subtle and might conflict with the University’s other obligations:

• Equality Act 2010
  • Unlawful discrimination, harassment or victimisation on grounds of protected characteristics – harassment involves test of objective reasonableness, not just perception
  • Public Sector Equality Duty – must have ‘due regard’ to needs to eliminate unlawful discrimination, harassment and victimisation; to advance equality of opportunity; and to foster good relations between people who share a protected characteristic and those who do not (but balanced against free speech duties)
  • Protected beliefs are established by the courts
• Crime, terrorism and public order laws, for example prohibiting:
  • Threats to kill
  • The encouragement of terrorism
  • Incitement to racial or religious violence or Harassment
• Communications, defamation, privacy and confidentiality laws
  • messages that are grossly offensive, indecent, or intended to cause distress or anxiety
  • Repeatedly contacting someone online or by phone in a way that amounts to harassment or stalking.
  • Making credible threats of violence or encouraging serious criminal acts via digital platforms
• Counter-Terrorism and Security Act 2015
  • Prevent Duty – must have ‘due regard’ to the need to prevent people from being drawn into terrorism (but openly balanced against free speech duties)

The Office for Students Regulatory Advice covers the restrictions ‘prescribed by law’ and proportionate under the European Convention on Human Rights in more detail.

The University is not under a duty to allow unlawful speech.

Can the University restrict or regulate speech for other reasons?

Yes. Even when speech is lawful, the University is allowed to restrict it where it might directly affect our ability to deliver our core functions of teaching, learning and research as well as the administrative activities that support them. We will normally try and regulate the time, place and manner of the speech, instead of prohibiting it.

Training and Learning Materials

The University has developed a short guide, which it recommends all staff and students review to familiarise themselves with the key concepts. You can access this here.

The Office for Students has produced a Student Guide to free speech in higher education which provides a helpful overview as to what students should expect at universities.

The Legal and Compliance Services team can provide advice and guidance to areas on initiatives, ideas, compliance with requirements and the University’s duties.

Key Information for Staff and Students

All lawful speech is protected, even if the views expressed are unwelcome or offensive.

Staff and students at the University should expect to face ideas they may find challenging, and perhaps shocking or disturbing.

It is important to show tolerance towards the lawful views of others, even when those opinions may be unwelcome or challenging. Engaging constructively means participating in robust and civil debate, allowing all parties to express views respectfully. When encountering statements you dislike or disagree with, do not immediately assume that the speaker is deliberately aiming to offend or harass you. Instead, approach the discussion with openness and good faith, recognising that differing viewpoints are part of a healthy academic environment.

Nothing in our commitment excuses abuse, bullying, discrimination, harassment, hatred, intimidation, violence or any act prohibited by law.

Learning, Teaching and Research

• Academic staff have the right to question and test received wisdom and to put forward new ideas and controversial or unpopular opinions.
• Lawful content in teaching or research must not be suppressed, even if it might be contentious, unacceptable or even offensive to some.
• Academic staff cannot be compelled to teach certain topics or issue trigger warnings about content on the basis of the University endorsing or rejecting particular viewpoints.
• The University must not offer or accept funding for research, staff or students which has terms attached to it which restrict the recipients’ rights to freedom of speech within the law or academic freedom.
• The University must not make research ethics decisions on the basis that a reviewer or panel does not agree with controversial but lawful views, or that it may carry reputational risks to the University; relevant ethical issues as covered by the Research Ethics Policy must be the focus of deliberations. All outcomes should be transparently communicated to the researcher.
• If you want to arrange an external speaker event follow the procedures in the External Speaker Policy. If you think that your event is likely high-profile, might attract significant interest and/or likely to be controversial and attract protest, you should seek advice at an early stage. If you want to protest, do so without shutting down or preventing lawful debate from taking place.

Recruitment, Appointments and Promotion

• Academic staff have the right to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions.
• Recruitment, appointment and promotion decisions should not be made on the basis that you don’t agree with a candidate’s lawful views, however expressed (i.e. application, at interview or publications/other publicly available information).
• Candidates, as part of any process relating to academic roles, must not be asked to express (or evidence) a commitment to any particular viewpoint.
• Colleagues should record, as part of recruitment/promotion paperwork, any concerns about free speech or academic freedom that have arisen or might reasonably arise, including reasons why the process did not penalise an applicant for exercising free speech or academic freedom (if relevant).

Equality, Diversity and Inclusion

• Freedom of speech within the law is a human right and can work in tandem with equality, diversity and inclusion work.
• The Public Sector Equality Duty still applies. Having due regard to the equality impacts of decisions is important, but the PSED does not impose any general legal requirement to restrict or regulate speech.
• Philosophical beliefs are a protected characteristics under the Equality Act 2010 and the courts have found that certain views have protected status – these include gender-critical belief, belief in climate change, ethical veganism.

Complaints and Conduct processes

• Staff and students should not pursue unnecessary investigations or make decisions on the basis that they don’t agree with someone’s controversial but lawful views. Complaints about someone else’s lawful views may not be upheld because the University has a duty to secure everyone’s right to free speech. Complaints relating to someone’s lawful speech will be promptly closed.
• We will not discipline members of our community for expressing lawful views. The application of our staff and student codes of conduct and disciplinary procedures will be consistent with the rights of staff and students to hold lawful views.
• Harassment on the grounds of any protected characteristic is unlawful and unacceptable, but an objective test of whether the conduct in question reasonably constitutes unlawful harassment as under relevant legislation needs to be applied under such procedures to ensure that lawful free speech is not punished.
• When administering Fitness to Practise processes we will ensure (where relevant) that students understand: the relationship between lawful free speech rights and their responsibilities to meet professional standards; and that the Code of Practice will be applied proportionately in the case of any fitness to practise proceedings in light of the student's requirement to meet the necessary professional accreditation standards.
• We will record any concerns about free speech or academic freedom that have arisen or might reasonably arise as part of the casefile for the relevant process. This should include reasons why the process did not penalise someone for exercising free speech or academic freedom (where relevant).
• If you believe your right to free speech within the law or academic freedom have been infringed you might wish to raise your concern with the University. Normally, these concerns can be resolved informally by engaging with the relevant part of the University directly. It is expected both parties attempt to engage openly and in good faith when this occurs as this can help to resolve such issues in a constructive way. However, if you are dissatisfied with the attempt at information resolution the following routes are available:
• For students: Student Complaint Regulations
• For staff: Grievance Policy
• For Visiting Speakers (free speech grounds): via Event Organiser.
• Students can escalate their complaints to the Office of the Independent Adjudicator once the University’s internal procedures are complete.
• The Office for Students (OfS) operates a free speech complaints scheme. Under that scheme, the OfS can review complaints about free speech from non-student members, staff, applicants for academic posts and (actual or invited) visiting speakers. The scheme is free to use. Information about the complaints that the OfS can review is available on its website. 

Contact

If you have questions, or feedback, please e-mail policies@lincoln.ac.uk.  

The Legal and Compliance Services team can provide advice and guidance on how all areas of the University can promote and secure freedom of speech within law and academic freedom for the University Community.