Reg. 29 Code of Practice relating to Freedom of Speech, Academic Freedom and the prevention of individuals from being drawn into terrorism
*Updated Regulation 29 was approved by Senate on 24 January 2024 and noted by Council on 7 February 2024, coming into effect from 1 August 2024.*
Please contact Legal and Compliance Services on LegalDirectorPA@warwick.ac.uk if you have any queries about the implementation of the Regulation.
This Code of Practise is made pursuant to:
- The Higher Education (Freedom of Speech) Act 2023;
- The Education (No 2) Act 1986;
- The Counter-Terrorism and Security Act 2015;
with a view to providing such safeguards as are reasonably practicable to ensure that Freedom of Speech and Academic Freedom within the law is secured for Members, students and employees of the University and for visiting speakers, and to prevent individuals from being drawn into terrorism.
Definitions:
Academic Freedom is a component of Free Speech and shall be defined by reference to the European Convention on Human Rights and its subsequent case law. It means the freedom of an Academic within the law, to question, test, and put forward ideas, to express views and opinions, to perform acts, or to associate themselves with any views or acts - even where they be unorthodox, controversial, or unpopular, or where they may offend, shock, or disturb - provided that such expression lies within, or can reasonably be claimed to be a judgement, conclusion, or opinion based upon or flowing from, the areas of their research, professional expertise, or competence.
The Acts means the Higher Education (Freedom of Speech) Act 2023, the Education (No 2) Act 1986 and the Counter-Terrorism and Security Act 2015.
The Code means this Code of Practice.
Event is as defined in paragraph 12 below.
Freedom of Speech means the freedom to hold opinions and to receive and impart information and ideas without interference, subject only to formalities, conditions, restrictions, and penalties prescribed by law and in the proportionate pursuit of a legitimate aim necessary in a democratic society, including but not limited to the protection of the rights of others.
Member/s means any student enrolled at the University, any member of staff, any other Academic member of the University, or any appointed lay member of the University Council or a council committee.
Premises means any property owned by, or, at the relevant time, in the control of, the University.
The Prevent Duty means the duty imposed by the Counter-Terrorism and Security Act 2015.
The Procedures means the procedures referred to in para 14 below and any further procedures relating to the subject matter of this Code of Practice from time to time in force.
Statutory Duties means the University’s statutory duties arising from the Acts.
The University means the University of Warwick.
The University’s Values relating to, and in support of, Freedom of Speech and Academic Freedom
1. Freedom of Speech and Academic Freedom are fundamental to the role of universities as places where the boundaries of knowledge are explored, challenged and broken.
2. In the fulfilment of its obligations to educate, enlighten and innovate, the University is committed to providing an environment in which not only orthodox views and ideas, which are well received, can be expressed, but also an environment in which conflicting, unpopular and controversial views can be brought forward, heard and considered. At the University we should expect to meet difficult and challenging ideas.
3. The University places the highest value on informed, tolerant and respectful debate, where lawful views, however unpalatable, are heard and where responses are thoughtful and measured. As a community we have diverse, sometimes competing, views; it is this diversity which provides the basis for intellectual exploration and growth.
4. Challenging the lawful views, opinions and beliefs of others is encouraged, making those challenges personal, or challenging in such a way as to cause lawful views, opinions or beliefs to be suppressed, is not. Actions that attempt to supress Free Speech or Academic Freedom will likely be the subject of disciplinary action.
5. When expressing views and opinions we should remain mindful of our Dignity Principles (https://warwick.ac.uk/about/principles) and the effect we may have on others in our community. The same conduct may be lawful in some circumstances but unlawful in others, dependent on the manner and context in which it takes place. Where the intention of the conduct is to harass another or where, in all the circumstances, its effect is to harass another and where it is reasonable for the conduct to have had that effect, that conduct will be unlawful and may be subject to disciplinary procedures. Conduct of an unlawful nature will not be tolerated.
6. The above core values will apply to the University’s business in the broadest sense and are hereby incorporated into every University process, including, though not exclusively, processes involving; the University’s programmes for development; processes for approval and delivery; processes facilitating research; processes concerning the wider administration of the University’s relationship with staff and students; and processes in establishing and maintaining relationships with third parties.
The University’s statutory duties, and limits, with respect to Freedom of Speech and Academic Freedom
7. The University is required to take such steps as are reasonably practicable to ensure that Freedom of Speech and Academic Freedom are promoted and secured.
8. There is, however, no absolute right to either speech or academic expression, and there is no requirement to provide a platform for speech or academic expression which amounts to a breach of the law, for example: speech or expression which is defamatory or in contempt of court, or which constitutes an incitement to violence or terrorism (or glorification or encouragement of acts of terrorism) or incitement to religious or racial hatred, or harassment.
9. The University must, and will, adhere to its legal obligations. It will not tolerate unlawful acts against its community, property or the institution itself, whether through speech or physical action. A speaker who, for example, engages in any conduct outlined in paragraph (8) above will have stepped beyond the boundaries of Freedom of Speech and may be subject to sanction. Equally, assemblies of persons, even if originally directed to lawful purposes, will cease to be lawful if they cause serious public disorder or a breach of the peace or result in the suppression of Freedom of Speech or Academic Freedom.
Procedures in relation to Freedom of Speech and Academic Freedom
10. The University will put in place mechanisms to promote and ensure Freedom of Speech and Academic Freedom within the law.
11. In accordance with the Education (No.2) Act 1986 s.43(2) and the Higher Education (Freedom of Speech) Act 2023, so far as is reasonably practicable, and within the bounds of the law, no premises of the University shall be denied to any individual or body of persons wishing to use them for Events on any grounds connected with:
a. in relation to an individual, their ideas or opinions;
b. in relation to a body, its policy or objectives or the ideas or opinions of any of its members.
12. An Event, for the purpose of this code, refers to any gathering of Members, whether or not they include one or more visiting speakers. An Event may be in relation to the University’s core purpose and activities or, alternatively, for a purpose which is not part of the academic curriculum or official business of the University. Such gatherings, whether arranged internally or externally, include, but are not limited to:
a. meetings, talks, debates, workshops, exhibitions or shows;
b. demonstrations and marches.
13. The principles and Procedures set out in this Code will apply to:
a. Events taking place on any Premises which the University owns, holds a lease or habitually uses by licence or permission.
b. Events taking place outside of such Premises as listed in 13(a) above but which are University organised, affiliated, funded or branded; including events organised by individuals, groups or societies using the University’s name or resources where the University name or brand is used (though only where the name or brand is used with the express permission of the University).
c. Events taking place online, via mobile technology, or via other audio-visual technology which are University organised, affiliated, funded or branded (where that branding is with the express permission of the University); including those organised by individuals, groups or societies or online communities lawfully using the University’s name or resources. These include but are not limited to webinars, online discussion forums and social networking (the University's Social Media PolicyLink opens in a new window, as updated from time to time, provides further guidance in this regard).
14. This Code incorporates the following Procedures to enable all Members and visitors to exercise Freedom of Speech:
a. External Speakers Procedures - In order to discharge its duties under the Education (No.2) Act 1986, the Human Rights Act 1998, the Higher Education (Freedom of Speech) Act 2023 and the Prevent Duty, the University is required to conduct a risk assessment in respect of external speakers at University organised, affiliated, branded or funded Events on or off campus to ensure that the exercise of speech and/or expression remains within the law. The following procedures apply to Events:
i. Procedures for the Approval of External Speakers for Students' Union, Student-led, and Institutional Level EventsLink opens in a new window (including, but not limited to: talks, debates, workshops and training organised by a central University department; the Students’ Union or an official Students’ Union society; or independently by students).
ii. Procedures for the Approval of External Speakers for Academic Departmental EventsLink opens in a new window (including, but not limited to timetabled or extracurricular teaching; learning and research activity; public lecture programmes; and academic conferences and seminars).
iii. Procedures for the Approval of Speakers at Conferences (external speakers only) held on University PremisesLink opens in a new window (including, but not limited to, external commercially organised conferences, workshops and training events held in venues managed by Warwick Conferences).
b. Terms and Conditions of Room UsageLink opens in a new window - The Terms and Conditions of Room Usage govern the booking of centrally timetabled teaching rooms for such authorised Events.
c. Guidelines on the use of the University BrandLink opens in a new window - Where individuals, groups or societies are speaking or holding an event in the University’s name, whether on or outside of University premises or in the virtual environment, the guidelines for the use of the University brand must be adhered to.
Criteria to be applied when decision making in relation to Freedom of Speech and Academic Freedom
15. The criteria to be applied when making decisions about whether to allow the use of Premises, and on what terms, are the criteria set out in the Procedures. Principally, however, use of Premises will be allowed as long as speech and/or expression are anticipated to be lawful and as long as those involved, whether inside or outside the Event, can be reasonably protected from significant harm.
16. In exceptional circumstances the University may make it a condition of use of its Premises that the individual or body invited to speak, or otherwise attend, at its Premises contributes to, or pays the entire costs of, any security required at the Event. The criteria that will trigger this condition will be the point at which the costs or provision of security to the University, such that persons involved whether inside or outside the Event can be protected from significant harm, becomes grossly disproportionate to the freedoms being protected.
17. The University reserves the right to take advice from external bodies on the appropriate and reasonable assessment and mitigation of risks related to any Events or speakers.
Conduct at Events
18. The University is a vibrant and diverse community, where debate and challenge are encouraged in accordance with its core values of providing a space for the discussion of difficult topics. The University’s commitment to ensuring a working, learning and living environment in which all Members and visitors are treated fairly and with dignity, respect and tolerance, is exemplified by the Dignity PrinciplesLink opens in a new window. Individuals, when articulating or opposing views, should be mindful of their obligations with regard to behaving in a way that respects the rights and dignity of others.
19. Persons attending Events are expected to conduct themselves respectfully, tolerantly, thoughtfully, with civility and with due regard to the lawful opinions of others.
20. Persons attending Events, whether inside or outside, including for the purposes of protest, must not act in such a way as to cause the suppression of Freedom of Speech or Academic Freedom. This would include, for example, but not exclusively, the ‘shouting down’ of a speaker, or other attendee, or any interruption to physical entry or exit to or from the Event.
Further Commitments arising from the University’s Statutory Duties
21. The University will not enter into any transaction on terms that could present a risk to Free Speech or Academic Freedom.
22. The University will not use, enter into, or otherwise support non-disclosure agreements where they relate to complaints involving sexual misconduct, bullying or harassment.
23. The University, when exercising its functions, will have due regard to the need to prevent people from being drawn into terrorism (the “Prevent Duty”).
24. Encouragement of terrorism and inviting support for a proscribed terrorist organisation are both criminal offences. When deciding whether to host a particular speaker, the University will consider whether the views being expressed, or likely to be expressed, might constitute extremist views that might risk drawing people into terrorism or are views that are shared by terrorist groups. Should such concerns arise, the University must be “entirely convinced that such risks can be mitigated” (Prevent Duty Guidance: for higher education institutions in England and Wales (2015), paragraphs 10 & 11), for example, through such views being challenged by speakers with opposing views as part of the same Event. Where the University is in any doubt that such risks cannot be fully mitigated, the University will exercise caution and not allow the Event to proceed1.
Breach of this Code
25. Any Member found to be in breach of this Code may face disciplinary action under the relevant University procedure.
26. The Office for Students (OfS) operates a free speech complaints scheme. Under that scheme, the OfS can review complaints about free speech from members, students, staff, applicants for academic posts and (actual or invited) visiting speakers. Information about the complaints that the OfS can review is available on its website: https://www.officeforstudents.org.uk
Review, Amendment, and promotion of the Code
27. The University has duties under s43(3) of the Education (No. 2) Act 1986 and part A2 of the Higher Education (Freedom of Speech) Act 2023 to issue and keep up to date a Code of Practice on Freedom of Speech. The Council will receive a report from the Senate on the operation of the Code, together with any recommendations for its revision, at intervals not exceeding 3 years.
28. This Code will be brought to the attention of Members at least once in every academic year.
1 The statutory Guidance for the purposes of this Code defines “extremism” as meaning vocal or active opposition to fundamental British values, including democracy, the rule of law, individual liberty, mutual respect, and tolerance of different faiths and beliefs. It also includes the call for the death of members of the armed forces.