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English universities facing ‘free speech’ obligations
Pic: Shutterstock

16 Feb 2021 / education Print

English universities facing ‘free-speech’ obligations

Britain’s Education Secretary is planning new legislation, which he says is aimed at strengthening free speech and academic freedom at universities in England. 

Under the proposals, higher-education providers would have to meet a new ‘free-speech condition’ in order to be registered in England and access public funding. The regulator, the Office for Students, would have the power to impose sanctions, including financial penalties, for breaches of the condition.

Measure includes student unions

These legal obligations would also extend to students’ unions, which would have to ensure free speech for their members and others, including visiting speakers.

The plans include a new legal measure that would enable individuals to sue if they suffered a loss as a result of breach of the free-speech duties – such as being expelled, dismissed or demoted.

“I am deeply worried about the chilling effect on campuses of unacceptable silencing and censoring,” Education Secretary Gavin Williamson (pictured) said.

Union critical

He plans to appoint a new ‘Free Speech and Academic Freedom Champion’ to investigate potential infringements of free-speech rules, such as ‘no-platforming’ speakers or dismissal of academics.

But the union representing academic staff, the UCU, criticised the plans.

“It is extraordinary that, in the midst of a global pandemic, the government appears more interested in fighting phantom threats to free speech than taking action to contain the real and present danger which the virus poses to staff and students,” general secretary Jo Grady said.

Gazette Desk
Gazette.ie is the daily legal news site of the Law Society of Ireland