Freedom of Speech

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Hi, I'm Gary Dalton and I'm the director
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of legal services here at Birmingham
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City University. On the 1st of August
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this year, provisions of the higher
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education freedom of speech acts came
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into force. It is important to note that
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these changes didn't create free speech
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rights from scratch as universities have
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had legal duties in this area for many
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years. These changes, however, do
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strengthen and extend our legal duties
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and the way they are enforced. The
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government's aim through these
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provisions is to make sure universities
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are places where lawful free speech and
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academic freedom are not only allowed
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but are actively protected and secured
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even where views are unpopular,
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challenging or uncomfortable.
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For universities, this isn't just a
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matter of values. It's a matter of law.
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We are now required to secure freedom of
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speech for our community. Promote the
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importance of free speech in higher
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education and maintain and follow a
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clear code of practice explaining how
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events, speakers, and the use of our
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premises are managed. These obligations
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sit alongside duties we already have
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around promoting equality and preventing
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unlawful harassment and discrimination.
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Where institutions fall short, the
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Office for Students can now take
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regulatory action. You may have seen
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cases such as these in the media
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recently.
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We are continuing to review our
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processes to make sure they meet these
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strengthened requirements. This work
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includes updating our code of practice
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so that it sets out clearly how
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decisions are taken and what you can
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expect from the university. aligning our
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related policies and procedures with the
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new duties. And finally, developing
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training and guidance for staff and
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students so everyone understands their
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rights to speak and the responsibilities
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that accompany those rights. We want BCU
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to be a place where robust, respectful
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debate can happen without fear that
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lawful views will be shut down simply
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because they are controversial. while
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also being clear that unlawful speech,
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including harassment or incitement to
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violence or hatred, is not protected.
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Let's not forget that universities exist
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for deep thinking and serious inquiry.
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They are places where ideas are tested,
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assumptions are questioned, and
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knowledge develops. Free speech and
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academic freedom are essential to that
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role as they allow difficult questions
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to be asked, evidence to be challenged,
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and new perspectives to emerge. BCU's
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commitment to these principles can be
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seen in our code of practice, our staff
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and student training and guidance. Our
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online hub brings together the code and
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supporting information to allow you to
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find out more. Securing and embedding
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freedom of speech and academic freedom
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is an ongoing responsibility for us all.
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If you'd like to know more about freedom
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of speech and academic freedom, please
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review the resources on this web hub or
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contact the EDI team. Thank you.