Freedom of Speech
These pages provide information and guidance in support of BCU’s Code of Practice on Freedom of Speech.
At BCU, we value open and respectful discussion as an essential part of university life. We are committed to creating an inclusive and safe environment where students and staff can freely share, explore and challenge opinions or have their opinions challenged.
In May 2023, the Higher Education (Freedom of Speech) Act 2023 was introduced to promote and protect free speech and academic freedom. The Office for Students provided its regulatory advice relating to freedom of speech with effect from 1 August 2025.
0:00
Hi, I'm Gary Dalton and I'm the director
0:02
of legal services here at Birmingham
0:04
City University. On the 1st of August
0:06
this year, provisions of the higher
0:08
education freedom of speech acts came
0:10
into force. It is important to note that
0:13
these changes didn't create free speech
0:15
rights from scratch as universities have
0:18
had legal duties in this area for many
0:20
years. These changes, however, do
0:22
strengthen and extend our legal duties
0:24
and the way they are enforced. The
0:26
government's aim through these
0:28
provisions is to make sure universities
0:30
are places where lawful free speech and
0:32
academic freedom are not only allowed
0:34
but are actively protected and secured
0:37
even where views are unpopular,
0:39
challenging or uncomfortable.
0:44
For universities, this isn't just a
0:46
matter of values. It's a matter of law.
0:49
We are now required to secure freedom of
0:52
speech for our community. Promote the
0:54
importance of free speech in higher
0:56
education and maintain and follow a
0:59
clear code of practice explaining how
1:01
events, speakers, and the use of our
1:03
premises are managed. These obligations
1:06
sit alongside duties we already have
1:08
around promoting equality and preventing
1:10
unlawful harassment and discrimination.
1:13
Where institutions fall short, the
1:16
Office for Students can now take
1:18
regulatory action. You may have seen
1:20
cases such as these in the media
1:22
recently.
1:26
We are continuing to review our
1:28
processes to make sure they meet these
1:30
strengthened requirements. This work
1:32
includes updating our code of practice
1:36
so that it sets out clearly how
1:37
decisions are taken and what you can
1:40
expect from the university. aligning our
1:43
related policies and procedures with the
1:45
new duties. And finally, developing
1:49
training and guidance for staff and
1:51
students so everyone understands their
1:53
rights to speak and the responsibilities
1:56
that accompany those rights. We want BCU
1:59
to be a place where robust, respectful
2:02
debate can happen without fear that
2:05
lawful views will be shut down simply
2:07
because they are controversial. while
2:10
also being clear that unlawful speech,
2:13
including harassment or incitement to
2:16
violence or hatred, is not protected.
2:22
Let's not forget that universities exist
2:24
for deep thinking and serious inquiry.
2:27
They are places where ideas are tested,
2:30
assumptions are questioned, and
2:32
knowledge develops. Free speech and
2:34
academic freedom are essential to that
2:36
role as they allow difficult questions
2:38
to be asked, evidence to be challenged,
2:40
and new perspectives to emerge. BCU's
2:43
commitment to these principles can be
2:44
seen in our code of practice, our staff
2:47
and student training and guidance. Our
2:49
online hub brings together the code and
2:51
supporting information to allow you to
2:53
find out more. Securing and embedding
2:55
freedom of speech and academic freedom
2:57
is an ongoing responsibility for us all.
3:03
If you'd like to know more about freedom
3:05
of speech and academic freedom, please
3:07
review the resources on this web hub or
3:10
contact the EDI team. Thank you.