## Current legislation ([View Highlight](https://read.readwise.io/read/01h9aejmdy7hr357m834z4kam8)) - Education (No. 2) Act 1986 ([View Highlight](https://read.readwise.io/read/01h9aejfftc4pjmqpthzr95n4k)) - take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured for members, students and employees of the establishment and for visiting speakers. ([View Highlight](https://read.readwise.io/read/01h9aejz7k280mwrp5ajb5bpee)) - Use of premises not denied on any ground connected with the beliefs or views of that individual or of any member of that body; or the policy or objectives of that body. ([View Highlight](https://read.readwise.io/read/01h9aek3w055qpt2yfmhy95a9e)) - Code of practice setting out the procedures to be followed by members, students and employees of the establishment in connection with the organisation ([View Highlight](https://read.readwise.io/read/01h9aem2ssq7swte0hyzcwypc3)) - Where a students’ union occupies premises which are not premises of the establishment in connection with which the union is constituted, any reference in this section to the premises of the establishment shall be taken to include a reference to the premises occupied by the students’ union. ([View Highlight](https://read.readwise.io/read/01h9aeqdj0p6xatzp0j7bae062)) - Education Act 1994 ([View Highlight](https://read.readwise.io/read/01h9aer197sy17wb4f8vjfwgv1)) - bring to the attention of all students, at least once a year, the provisions of the code of practice on freedom of speech ([View Highlight](https://read.readwise.io/read/01h9aeqxx6j15vzkd71j1z74wf)) - ==**The Human Rights Act 1998**== - Public bodies (ie universities) have to comply with the rights set out in the European Convention on Human Rights (ECHR). This includes Article 10, which protects the right to freedom of expression. ([View Highlight](https://read.readwise.io/read/01h9aerq6bqt81j119ddksz9hd)) - **Criminal offences** Speech causing fear or provocation of violence; acts intended or likely to stir up hatred on grounds of race, religion or sexual orientation; speech amounting to a terrorism related offence, and causing a person harassment, alarm, or distress ([View Highlight](https://read.readwise.io/read/01h9aettebzygeq898yn9ba85n)) - ==**Equality Act 2010**== - Harassment under the Equality Act 2010 is unwanted behaviour related to certain protected characteristics, which has the purpose or effect of: violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person. ([View Highlight](https://read.readwise.io/read/01h9aew7b82dp5ywazxxmjkppq)) - ==**Charity Law**== - Trustees must be able to show ==how they have decided to mitigate any risks associated with a speaker or event, when they invite speakers to attend==. Given the important role of SUs in advancing education through debate, it is important for trustees to consider any reputational harm to their charity that may arise if they prevent activities, such as planned speaker events, from going ahead, as well as the risks if they allow them to proceed. ([View Highlight](https://read.readwise.io/read/01h9aex43798dhhb1hrhvzyyk8)) - **Prevent Duty (Counter-Terrorism and Security Act 2015)** - Universities have a statutory duty to have due regard to the need to prevent people from being drawn into terrorism ([View Highlight](https://read.readwise.io/read/01h9aez7rwz4gw42chzy8cskpb)) - ==**Public sector equality duty (PSED)**== - Universities have a duty under the equality act to consider the need to eliminate discrimination, harassment, victimisation and other behaviour that is prohibited by the act; advance equal opportunities between people who share a relevant protected characteristic and people who do not, and encourage good relations between people who share a relevant protected characteristic and people who do not, including the need to tackle prejudice and promote understanding. ([View Highlight](https://read.readwise.io/read/01h9af2jjtvk5y4ncyy2f461qe)) - What the Act does - Enhancing academic freedom protections for academic staff by extending coverage to include recruitment and promotion. ([View Highlight](https://read.readwise.io/read/01h9af30xqfyce41md0yttcaf9)) - Introducing new registration conditions for registered higher education providers on freedom of speech and academic freedom. ([View Highlight](https://read.readwise.io/read/01h9af3y0gxgjepwd1hzz8gexj)) ## Definitions The definition of freedom of speech is: ([View Highlight](https://read.readwise.io/read/01h9af5e1z089yymttb7xe88mz)) > "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) ([View Highlight](https://read.readwise.io/read/01h9af5esgkfxtzy1emay6fzsv)) - The “reasonably practicable” qualification is understood to cover other “balancing” duties that apply to the SU covering the prevention of harm , harassment and good campus relations – such as charity law, or duties in the Equality Act 2010. However here the duty is to have “particular regard” to the importance of freedom of speech when determining what steps are reasonably practicable. ([View Highlight](https://read.readwise.io/read/01h9af59zm6p2srhw62m3r0nca)) - Universities and SUs must secure that, apart from in exceptional circumstances, use of premises by any individual or body is not on terms that require the individual or body to bear some or all of the costs of security relating to their use of the premises. ([View Highlight](https://read.readwise.io/read/01h9afc3t38y5wtr5gfqhk7jrq)) - Universities must also not enter into a non-disclosure agreement with a person in relation to a relevant complaint made to the provider by the person, and if such a non-disclosure agreement is entered into it is void. A relevant complaint is one about misconduct or alleged misconduct by any person; “misconduct” means sexual abuse, sexual harassment or sexual misconduct, and bullying or harassment not falling within above. ([View Highlight](https://read.readwise.io/read/01h9afcqzxrhpkrgr5tt6yd3v0)) - ==speech designed to drown out others’ speech is to be covered by OfS guidance== and we do not yet know the extent to which OfS might expect an SU to discipline its officers, clubs and societies or even its own members. ([View Highlight](https://read.readwise.io/read/01h9afgzfcrfkv32nyyft2e8ya)) --- Aliases: Higher Education (Freedom of Speech) Bill Related: Created: 2024-05-30 Epistemology: Publish: Reviewed: False ---  ## Metadata - Author: Wonkhe - Full Title: Higher Education (Freedom of Speech) Bill - URL: https://wonkhe.com/blogs-sus/the-essential-guide-for-sus-to-the-higher-education-freedom-of-speech-bill/ - Date: 2024-05-30 ## Summary The Westminster government first introduced its Higher Education (Freedom of Speech) Bill into Parliament in May 2021. The Bill seeks to put into law the measures that it announced in its Command Paper in February 2021 on Higher education: free speech and academic freedom. We looked in detail at the proposals at the time on … Continued ## Highlights - Current legislation ([View Highlight](https://read.readwise.io/read/01h9aejmdy7hr357m834z4kam8)) - Education (No. 2) Act 1986 ([View Highlight](https://read.readwise.io/read/01h9aejfftc4pjmqpthzr95n4k)) - take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured for members, students and employees of the establishment and for visiting speakers. ([View Highlight](https://read.readwise.io/read/01h9aejz7k280mwrp5ajb5bpee)) - Code of practice setting out the procedures to be followed by members, students and employees of the establishment in connection with the organisation ([View Highlight](https://read.readwise.io/read/01h9aem2ssq7swte0hyzcwypc3)) - Education Act 1994 ([View Highlight](https://read.readwise.io/read/01h9aer197sy17wb4f8vjfwgv1)) - bring to the attention of all students, at least once a year, the provisions of the code of practice on freedom of speech ([View Highlight](https://read.readwise.io/read/01h9aeqxx6j15vzkd71j1z74wf)) - **The Human Rights Act 1998** Public bodies (ie universities) have to comply with the rights set out in the European Convention on Human Rights (ECHR). This includes Article 10, which protects the right to freedom of expression. ([View Highlight](https://read.readwise.io/read/01h9aerq6bqt81j119ddksz9hd)) - **Criminal offences** Speech causing fear or provocation of violence; acts intended or likely to stir up hatred on grounds of race, religion or sexual orientation; speech amounting to a terrorism related offence, and causing a person harassment, alarm, or distress ([View Highlight](https://read.readwise.io/read/01h9aettebzygeq898yn9ba85n)) - **Equality Act 2010** Harassment under the Equality Act 2010 is unwanted behaviour related to certain protected characteristics, which has the purpose or effect of: violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person. ([View Highlight](https://read.readwise.io/read/01h9aew7b82dp5ywazxxmjkppq)) - **Charity Law** Trustees must be able to show how they have decided to mitigate any risks associated with a speaker or event, when they invite speakers to attend. Given the important role of SUs in advancing education through debate, it is important for trustees to consider any reputational harm to their charity that may arise if they prevent activities, such as planned speaker events, from going ahead, as well as the risks if they allow them to proceed. ([View Highlight](https://read.readwise.io/read/01h9aex43798dhhb1hrhvzyyk8)) - **Prevent Duty (Counter-Terrorism and Security Act 2015)** Universities have a statutory duty to have due regard to the need to prevent people from being drawn into terrorism ([View Highlight](https://read.readwise.io/read/01h9aez7rwz4gw42chzy8cskpb)) - **Public sector equality duty (PSED)** Universities have a duty under the equality act to consider the need to eliminate discrimination, harassment, victimisation and other behaviour that is prohibited by the act; advance equal opportunities between people who share a relevant protected characteristic and people who do not, and encourage good relations between people who share a relevant protected characteristic and people who do not, including the need to tackle prejudice and promote understanding. ([View Highlight](https://read.readwise.io/read/01h9af2jjtvk5y4ncyy2f461qe)) - Enhancing academic freedom protections for academic staff by extending coverage to include recruitment and promotion. ([View Highlight](https://read.readwise.io/read/01h9af30xqfyce41md0yttcaf9)) - Topline picture ([View Highlight](https://read.readwise.io/read/01h2qyxxkwa9z924g81qy0c1j7)) - The definition of freedom of speech is: ([View Highlight](https://read.readwise.io/read/01h9af5e1z089yymttb7xe88mz)) - 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) ([View Highlight](https://read.readwise.io/read/01h9af5esgkfxtzy1emay6fzsv)) - The “reasonably practicable” qualification is understood to cover other “balancing” duties that apply to the SU covering the prevention of harm , harassment and good campus relations – such as charity law, or duties in the Equality Act 2010. However here the duty is to have “particular regard” to the importance of freedom of speech when determining what steps are reasonably practicable. ([View Highlight](https://read.readwise.io/read/01h9af59zm6p2srhw62m3r0nca)) - **1. Duty to take steps to secure freedom of speech** This section imposes a new duty to take “reasonably practicable” steps to achieve the objective of securing freedom of speech within the law for members and staff of the students’ union, students, members and staff of the provider, and visiting speakers. ([View Highlight](https://read.readwise.io/read/01h2qyz0qej7w93n71nwmecp4a)) - Universities and SUs must secure that, apart from in exceptional circumstances, use of premises by any individual or body is not on terms that require the individual or body to bear some or all of the costs of security relating to their use of the premises. ([View Highlight](https://read.readwise.io/read/01h9afc3t38y5wtr5gfqhk7jrq)) - Note that SU **election rules** which rule out certain kinds of speech (ie criticising other candidates) may be drawn into focus. And new for SUs is a legal right to freedom of speech for **SU staff**, many of whom are restricted from giving an opinion on some issues in public or from criticising SU officers. ([View Highlight](https://read.readwise.io/read/01h2qyzw65fr0pgcbrezf6vsb4)) - speech designed to drown out others’ speech is to be covered by OfS guidance and we do not yet know the extent to which OfS might expect an SU to discipline its officers, clubs and societies or even its own members. ([View Highlight](https://read.readwise.io/read/01h9afgzfcrfkv32nyyft2e8ya)) - **Duty to maintain a Code of practice** This section imposes new duties on a students’ union to maintain a code of practice with a view to facilitating the discharge of the duty above. The content of the code of practice must include: ([View Highlight](https://read.readwise.io/read/01h2qz0dpkma2h75y8dwptm2hs)) - the students’ union’s values relating to freedom of speech and an explanation of how those values uphold freedom of speech, ([View Highlight](https://read.readwise.io/read/01h2qz0g3zs5343g9vxav9gejf)) - the procedures to be followed in connection with meetings which are to be held on the premises occupied by the students’ union, ([View Highlight](https://read.readwise.io/read/01h2qz0gkgbxcrqmsa31gz2gn0)) - other activities which are to take place on those premises, ([View Highlight](https://read.readwise.io/read/01h2qz0h2xqa10z4tgk27j1rrz)) - the conduct required of such persons in connection with any such meeting or activity, ([View Highlight](https://read.readwise.io/read/01h2qz0hkdj28ztq7nmhmvrcm0)) - the criteria to be used by the students’ union in making decisions about the union’s support and funding for events and activities to which the duty above is relevant*, and ([View Highlight](https://read.readwise.io/read/01h2qz0j94ty4d2pdt14agf1b8)) - whether to allow the use of premises and on what terms. ([View Highlight](https://read.readwise.io/read/01h2qz0k3547anqbpnc15r19gj))