Code of Practice on Freedom of Speech

Scope:

This Code of Practice (‘the Code’) aims to outline Durham University’s (‘the University’) responsibilities in relation to Freedom of Speech. The Code details: definitions of Freedom of Speech and Academic Freedom; the University’s values in relation to Freedom of Speech; the Procedures for the organisation of events and other activities; the process for raising a Complaint; and Monitoring and Review of the Code.

The Code applies to all Durham University staff and students, and any visiting speakers or other persons invited to speak by the University’s staff or students.

The Durham Students’ Union (‘the DSU’) is the University’s recognised Students’ Union but is an independent organisation and, therefore, has its own Code. Any event and other activity occurring under the auspices of the DSU and its related organisations must follow the DSU Code in upholding the values of Freedom of Speech.

Freedom of Speech:

The University defines Freedom of Speech as “the freedom to impart ideas, opinions or information (referred to in Article 10(1) of the Convention as it has effect for the purposes of the Human Rights Act 1998) by means of speech, writing or images (including in electronic form),” This freedom must be exercised within the law.

The University recognises that Freedom of Speech is a fundamental right, essential for upholding democracy, a free media, and political, artistic, and scientific development. It is a right protected under the Human Rights Act 1998, Counter Terrorism & Security Act 2015 (Prevent Duty), Equality Act 2010, by Articles 9 and 10 of the European Convention on Human Rights, and Charity law (hereafter called ‘the Acts’). Protection extends to the expression of views which may shock, disturb, or offend the deeply held beliefs of others.

Academic Freedom:

The University defines Academic Freedom as detailed in our Statutes and drawn from section 202 Education Reform Act 1988, specifically Clause 20.3.1 “To ensure that Academic Staff have freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themselves in jeopardy of losing their jobs or privileges”.

The University values academic freedom and is committed to promoting and positively encouraging free expression and debate amongst its staff, students and visitors. The pursuit of knowledge and the exchange of ideas should be conducted within the University in a tolerant manner, and without interference from internal or external parties.

University Values and Freedom of Speech:

The University ensures that the values relating to Freedom of Speech are reflected in our purpose and core lived values. Through “supporting staff and students” and “promoting inclusivity” our purpose captures how we create an environment where staff and students can be fully themselves, respecting our differences and similarities. Within our core lived values, we “celebrate difference, value one another” in creating “an inclusive community”, where we “listen to each other, disagree well, with a commitment to academic freedom.” It is a fundamental policy of the University, as an academic institution, that in its activities there should be freedom of speech within the law.

Procedures for Organising Meetings or Other Activities:

The University has a legal duty to take such steps as is reasonably practicable to ensure that freedom of speech within the law is secured for its staff, students, and visiting speakers. This duty includes a responsibility to ensure that the use of University premises is not denied to any individual or group on the grounds of the belief or views of that individual or any member of that group or on the grounds of the policy or objectives of the group.

In some situations the University will, however, prevent forms of expression which spread, incite, or seek to justify hatred based on intolerance in relation to any of the protected characteristics as set out in the Equality Act 2010. (The protected characteristics are: age, disability, gender reassignment, pregnancy and maternity, marriage and civil partnerships, race, religion and belief, sex, or sexual orientation.)

The University expects all its members and visitors to respect those values and to be sensitive to its diverse and inclusive community, and the University recognises its duty to promote good campus relations under the terms of the Equality Act. The University aims to ensure that its staff and students are able to work, study, and live in an environment free from unlawful intimidation, harassment or abuse. Hate crime and incitement to commit illegal acts will not be tolerated. The University recognises that the right of each person to be protected from discrimination and violence are fundamental human rights.

The University must, therefore, balance its legal duties in terms of ensuring freedom of speech with its need to ensure its duties under the Acts, and its responsibility to protect staff and student safety. For this purpose a Procedure for Meetings or Other Activities is available on SharePoint for current University staff and students.

Non-Disclosure Agreements (NDAs):

The University confirms that it does not use NDAs to silence victims of sexual misconduct, violence, or harassment.

Overseas Funding:

The University is aware of its obligations in upholding Freedom of Speech in relation to overseas funding and has governance processes in place to scrutinize consideration of funding via grants and philanthropic donations. The University will continue to review its processes to ensure they continue to be robust and responsive in upholding the principles of Freedom of Speech.

Complaints:

Anyone who believes that their rights in relation to Freedom of Speech have been infringed can raise a complaint following the University’s procedures under the Student Complaint Procedure, the Staff Concerns Policy (internal only) or by reference to the University Secretary (university.secretary@durham.ac.uk).

Review:

The University will review its Code on an annual basis and will ensure that it is updated in accordance to the latest guidance issued or any other legal requirements.

Further Information

Procedure for Meetings or Other Activities (internal only)