A new Bill to protect freedom of speech on campus has been included among the Queen’s Speech announcements, with penalties for failing to uphold it to be written into law.
Under the Higher Education (Freedom of Speech) Bill, universities in England could face fines if they fail in their new legal duties to protect and promote free speech.
In addition, students, lecturers, academics and visiting speakers who are ‘no platformed’, censored or have their free speech unlawfully restricted will be able to seek compensation if they suffer loss from a breach of a university’s new legal obligations.
Distinct
The new rules mean that, for the first time, students’ unions will have to take “reasonably practicable steps to ensure lawful freedom of speech”.
important to distinguish between lawful, if offensive, views on one hand and unacceptable acts of abuse, intimidation, and violence on the other
The proposals, which will implement the measures announced by the Department for Education in February, will also place a new Director for Freedom of Speech and Academic Freedom on the board of the Office for Students, with responsibility for investigating breaches of the new legal duties.
In a statement, the Government said it is “important to distinguish between lawful, if offensive, views on one hand and unacceptable acts of abuse, intimidation, and violence on the other”.
“Higher education providers and students’ unions must ensure that they comply with their legal duties on discrimination and harassment as well as their legal duties to protect freedom of speech.”
‘Chilling effect’
Education Secretary Gavin Williamson said: “It is a basic human right to be able to express ourselves freely and take part in rigorous debate.
“Holding universities to account on the importance of freedom of speech in higher education is a milestone moment in fulfilling our manifesto commitment, protecting the rights of students and academics, and countering the chilling effect of censorship on campus once and for all.”
Universities Minister Michelle Donelan added: “The values of freedom of speech and academic freedom are a huge part of what makes our higher education system so well respected around the world.
“Which is why this government will tackle head on the growing chilling effect on our campuses which is silencing and censoring students, academics and visiting speakers. This Bill will ensure universities not only protect free speech but promote it too.”
‘Hot button issues’
Eric Kaufmann, professor of politics at the University of London and a senior fellow at respected think tank Policy Exchange, said the new Bill is “a long overdue piece of legislation”.
He said: “Academics and students who hold dissenting views on hot button issues that touch on race, sexuality and gender – such as gender-critical feminists – know that one student complaint or activist Twitter mob can tie them up in an investigation which can result in expulsion or suspension, making their life a living hell.
“The process is the punishment, even if they are ultimately exonerated, and the activists know it. Cutting this process off at the knees is vital to stop the chilling effect that leads to self-censorship in teaching, research and commentary.
“This Bill begins the process of tackling the iceberg of self-censorship that lies, invisible, beneath the surface of no-platformings.”
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