Code of practice on free speech

Freedom of speech and academic freedom are fundamental to the purpose of a university. They allow students, staff and visiting speakers to question established ideas, explore difficult subjects, undertake research, and express lawful views, including views that others may find controversial, challenging or possibly offensive.

Canterbury Christ Church University is committed to securing and promoting freedom of speech within the law for its members, staff, students and visiting speakers, with particular regard to its importance.

The University also protects the academic freedom of academic staff to question and test received wisdom and to put forward new ideas and controversial or unpopular opinions within the law and their field of expertise.

The University is required to maintain a Code of Practice explaining how it will secure freedom of speech within the law.

The Code of Practice provides a common framework for understanding the rights and responsibilities of members of the University community and for making fair, lawful and consistent decisions.

The Code of Practice is important because open debate can sometimes be difficult or uncomfortable. Its purpose is not to determine which lawful viewpoints are acceptable, but to ensure that decisions are not based simply on disagreement, controversy, offence, anticipated objections or concern about the University’s reputation.

The Code of Practice also helps the University reconcile its freedom of speech responsibilities with its other legal duties, including those relating to equality, harassment, human rights, safety and Prevent. These duties must be applied accurately and in context; they do not create a general power to restrict lawful expression.

The starting point is that lawful speech should be enabled.

This means that:

• speaker events should normally go ahead;
• cancellation is exceptional and undesirable;
• lawful teaching, research and academic discussion should not be restricted because a subject is seen ascontroversial;
• peaceful protest should be protected and facilitated where reasonably practicable, but should not be allowed to prevent others from speaking or being heard;
• the University should consider practical steps that enable an activity to proceed before considering restrictions; and
• any restriction must have a proper legal basis and be proportionate.

Freedom of speech does not protect speech or conduct that is unlawful. However, that expression is potentially offensive, upsetting, unpopular or inconsistent with the views or values of others does not, by itself, make it unlawful.

Where a University policy, process or decision may affect speech, the University applies a three-step approach:

Step 1 — Is the speech within the law?

Speech is presumed to be lawful unless it is restricted by a specific rule of law. A speaker is not required to prove a legal basis for expressing a view.

Step 2 — What reasonably practicable steps can secure the speech?

The University must consider both positive steps that could enable the speech and negative steps, such as not imposing an unnecessary condition, delay or restriction.

Step 3 — Is any remaining interference prescribed by law and proportionate?

If a condition or restriction remains, the University must identify its legal basis and consider whether it is the least intrusive effective measure. There is a high threshold for restricting lawful speech.

The Code of Practice applies across University life, including:

• teaching, learning and curriculum;
• research and academic enquiry;
• lectures, seminars, conferences and meetings;
• visiting speakers and University events;
• student societies and activities;
• peaceful protest;
• policies, procedures and codes of conduct;
• disciplinary, fitness-to-practise and employment decisions;
• use of University premises and online platforms; and
• concerns and complaints relating to freedom of speech or academic freedom.

Everyone taking part in University life should be able to express lawful views and engage with the views of others. It includes the freedom to disagree and to challenge ideas, evidence and arguments.

It also carries responsibilities. Participants must comply with the law and must not prevent others from exercising their own lawful freedom of speech. The University may take proportionate action in response to unlawful speech or conduct, threats, violence, serious disruption to its essential functions of learning, teaching, research and the administration that supports them, or other properly evidenced legal or safety concerns.

The protection of lawful expression does not mean that the University endorses or agrees with the views expressed.

The University welcomes events that contribute to learning, debate, and the exchange of ideas. Organisers should follow the speaker-event process and provide the information reasonably needed to make suitable arrangements.

An event will not be referred for additional review only because its subject or speaker is controversial or unpopular. Where a specific legal, safety or operational concern is identified, the University will work with the organiser to find reasonably practicable ways for the event to proceed.

Anyone with a specific concern about a proposed event or other University activity should raise it promptly through the appropriate University process. Concerns should identify:

• the speech, conduct or arrangement in question;
• the nature of the concern;
• any relevant evidence; and
• the action sought.

A concern will not be upheld solely because a speaker or viewpoint is unpopular, controversial or offensive. The University will assess the matter objectively and in accordance with the Code of Practice.

Members, staff, students and visiting speakers may raise a complaint if they consider that the University has improperly restricted their lawful freedom of speech or, where applicable, academic freedom.

The Code of Practice explains the relevant internal route, how a complaint will be considered and any external routes that may subsequently be available.