Our legal duties
Academic freedom and freedom of expression sit within a complex legal framework.
While the University has a legal obligation to uphold the right to freedom of expression, it also has other important legal duties which must be considered in parallel, such as those in relation to equality or ensuring public safety.
The information on this page aims to provide a high-level overview of the legal landscape the University operates within, and the relevant policies and guidance available to staff and students. It does not constitute legal advice and specific advice should be sought from our legal services team where required.
More information can also be found in our guidance for staff and students on the interaction of the University’s Dignity and Respect policy with its obligations regarding academic freedom, freedom of speech and related rights.
Guidance for staff and students
As a public authority, the University has a legal duty to uphold the right to freedom of expression. This duty covers students, staff and also visitors invited to speak at the University, all of whom have the right to express their views in a lawful manner.
However, while the right of freedom of expression is enshrined in law, in limited circumstances it can also be restricted by it. Freedom of expression does not extend to freedom to break the law, harass or defame individuals, or breach others’ rights to privacy. From time to time, and in exceptional circumstances, the University may need to apply restrictions, where these are lawful, necessary and proportionate – but it will always do so in a manner consistent with, and mindful of, its commitment to freedom of expression and academic freedom.
Our statement on Freedom of Expression
The right of staff and students to protest, which is an equally important and fundamental exercise of the right of freedom of expression, should not obstruct the ability of others to exercise their rights in a lawful manner.
Staff and student protest guidelines
Academic freedom means academics can express their opinions, question established ideas and develop new ones, and present controversial or unpopular points of view, without placing their employment at risk. The University has a legal duty to uphold, so far as it considers it reasonable to do so, the academic freedom of those involved in teaching or research at the University.
The University is also subject to a number of legal obligations in relation to equality, for example to prevent discrimination against, or harassment of, its staff and students under the Equality Act 2010. Our Dignity and Respect Policy supports the University in meeting these legal obligations.
The Counter-Terrorism and Security Act 2015 also creates a general duty on the University to have due regard to the need to prevent people from being drawn into terrorism.
All speakers at the University who wish to address controversial or emotive topics should expect their views to be subject to robust debate and challenge, however we expect all members of our community to engage in dialogue and debate in a manner that complies with our Dignity and Respect policy.
Our Policy on Speakers and Events provides guidance for staff on managing potentially controversial events, including consideration of how such events may be appropriately facilitated by the University Compliance Group, which advises the University Secretary and Senior Leadership team on potentially controversial events, in particular on ensuring that such events, if approved, can proceed safely and lawfully.
Staff and student event guidelines
Compliance Group Terms of Reference
It is important to note that the law protects speech which may offend, shock or disturb others. The expression of controversial views which do not breach the law will not constitute reasonable grounds for withholding permission for an event at the University. However, speech may (depending on the context in which it is made) lose legal protection where it is used to incite hatred, violence or discrimination against others, or unlawfully harass an individual. This will generally be a case-by-case issue and determined with reference to the relevant legislation and case law.