EIAs and Freedom of Speech

Universities have a significant role to play in promoting inclusion and championing freedom of speech and academic freedom. The ability to exchange ideas and the curiosity to seek out different perspectives underpin both our academic mission and our values as a community. An Equality Impact Assessment (EIA) is a useful opportunity to think about how our work impacts both inclusion and freedom of speech.

Below you’ll find guidance on how to use consider freedom of speech in an EIA...

Definitions

Freedom of speech means the right to express lawful views and opinions freely, without interference.

Academic freedom means protecting the intellectual independence of academics to question and test received views and wisdom and to put forward new ideas without placing themselves in danger of losing their jobs or reducing the likelihood of them securing promotion or different roles at the university.

Find more on the University’s commitment to securing these rights for our staff, students, and visitors in the Freedom of Speech and Academic Freedom Policy.

Example: A new funding call has been granted for research to explore staff wellbeing issues but stipulates that findings should not be critical of the University’s own approach. The EIA for the funding call assesses it as not consistent with our freedom of speech obligations because it unduly interferes with academic freedom; academics are free to be critical in their work, including of the University.

Why freedom of speech is relevant to EIAs

The university has legal obligations in relation to both inclusion and freedom of speech. The Education (No. 2) Act 1986 and the Higher Education (Freedom of Speech) Act 2023 create a statutory duty to secure and promote lawful freedom of speech and academic freedom for staff and students. However, the University must also comply with the Equality Act 2010 by ensuring that expressions of speech do not amount to unlawful harassment or discrimination.

Completing an EIA can help meet both of these requirements as it provides a structured way to consider how our projected work might impact lawful expression, while also assessing potential impacts on equality and inclusion. By identifying risks in both areas and, if appropriate, weighing them carefully, an EIA supports balanced, fair, and legally compliant decision-making.

Find more about the free speech duties under the Higher Education (Freedom of Speech) Act 2023 and the Office for Students’ three-step framework for assessing compliance.

Example: A new governance process requires all events plans to state how they will manage discussion to avoid any contributions which could constitute harassment whilst enabling the free exchange of ideas. The EIA for the new governance process assesses it as consistent with our freedom of speech obligations because speech which is unlawful is not protected and therefore can be restricted.

Questions to consider

To identify if your work might interfere with freedom of speech, consider the following questions:

Could the work limit people’s lawful expression of their views? For example, does it include any 'blanket' statements or is it prescriptive in a way that may limit what people can say?
Does the work create specific requirements, limitations, etc. in areas covered by academic freedom, such as curriculum design?
Could the work affect different groups’ ability to participate in debate?
Could the work have a ‘chilling effect’ on free speech i.e., create a situation where individuals refrain from expressing lawful views due to fear of negative consequences, such as institutional disapproval or disciplinary action.
Does the work limit space for lawful, respectful disagreement?

If you answered ‘yes’ to any of these questions, you should reflect on whether the impact on lawful expression is justified (see below), identify what changes, safeguards, or clarifications could reduce any restriction, and record in the EIA how you have balanced freedom of speech with equality and inclusion duties.

If you are unsure about the free speech implications of your work, contact the Legal and Compliance Services team for advice.

If you find that the work interferes with free speech or academic freedom

Any interference with free speech must have a lawful basis and must be a proportionate means of achieving a legitimate aim.

Lawful: Restrictions on speech must have a clear legal basis.
Proportionate: Restrictions on speech should go no further than is necessary to achieve a legitimate aim. Always consider less restrictive alternatives before imposing limits on speech.
Legitimate aim: Aims include, for example, public safety, preventing disorder or crime, safeguarding public health or morals, and protecting the reputation or rights of others.

If you find that your work does interfere with free speech in a way which is not lawful and proportionate, you will need to revise your approach. Use the ‘mitigations’ section of the EIA to record how you have amended the work for this purpose.

Example: Plans for a new speaker series include a range of security measures to prevent student protest at the events. The EIA for the speaker series identifies that this does impact free speech (as it seeks to restrict protest, which is a lawful means of free speech) and assesses this as not consistent with our freedom of speech obligations because there is no clear legal basis for this restriction. Instead, this work should focus on how to ensure that events and protests can both proceed safely, so that everyone is able to exercise free speech and anyone who wishes to participate in the event is able to do so.

On occasion, freedom of speech and academic freedom may need to be balanced with other lawful rights and duties. If you find that your work does interfere with free speech in a way which is lawful and proportionate, you will need to provide a clear justification and explanation of this. Use the ‘mitigations’ section of the EIA to record this justification. In this case, it is highly recommended that you check your plans and assessment with the Legal and Compliance Services team.

Example: New guidance for wellbeing staff requires them to use students’ preferred names when delivering wellbeing services, to address issues identified from a recent review of services. This would include, for example, trans students who have changed their name to reflect their affirmed gender or religious students who have changed their name to reflect commitment to a particular faith. The EIA for this work identifies that this does impact free speech (as staff are asked to honour student’s choices to change their name for reasons the staff member may not agree with) but assesses it as consistent with our freedom of speech obligations because the restriction is proportionate to the legitimate aim to increase access to the service for these underrepresented students groups with protected characteristics.

Read the Social Inclusion Annual Report for more about the action we're taking.

The Social Inclusion Annual Report highlights the work that has been taking place across the University over the last year, and how it is helping us to meet our Social Inclusion Strategy objectives to increase the diversity of our staff and student communities, develop an inclusive culture, and become an internationally recognised leader in inclusion.