Policy 069: Freedom of Speech

If you have a disability which makes reading this document or navigating our website difficult and you would like to receive information in an alternative format, please contact: anddegree@acm.ac.uk 

 

Policy 069: FREEDOM OF SPEECH

 

1. PURPOSE 

1.1  ACM is committed to fostering an environment that upholds the principles of academic freedom and freedom of speech, as enshrined in the Higher Education (Freedom of Speech) Act 2023. 

 

1.2  In accordance with the Higher Education (Freedom of Speech) Act 2023, ACM’s objective through this policy is to secure freedom of speech within the law for staff, members and students of ACM, and visiting speakers. 

 

1.3  ‘Academic freedom’ in relation to academic staff at registered higher education providers refers to their freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions without placing themselves at risk of being adversely affected by the loss of their jobs or privileges at the provider, and without the likelihood of their securing promotion or different jobs at the provider being reduced.

 

1.4  This policy acts as a code of practice, fulfilling the requirements of section A2 of the Higher Education (Freedom of Speech) Act 2023. This policy will outline: 

 

1. ACM’s values relating to freedom of speech and an explanation of how those values uphold freedom of speech (see 1.5 and 2.1);

 

1. the procedures to be followed by staff and students of ACM and any students’ union for students at ACM in connection with the organisation of (i) meetings which are to be held on ACM’s premises and which fall within any class of meeting specified in the code, and (ii) other activities which are to take place on ACM’s premises and which fall within any class of activity so specified (see 2.16 to 2.22). 

 

        (c) the conduct required of such persons in connection with any such meeting 

             or activity (see 2.2), and 

 

        (d) the criteria to be used by the provider in making decisions about whether to

             allow the use of premises and on what terms (which must include its criteria       

             for determining whether there are exceptional circumstances for the  

             purposes of section A1(10)) of the Higher Education (Freedom of Speech) 

             Act 2023 (see 2.13 to 2.15). 

 

1.5  ACM recognises that the free exchange of ideas and diverse perspectives is essential for intellectual growth, critical thinking, and the pursuit of knowledge. This policy outlines ACM’s commitment to protecting and promoting freedom of speech while ensuring that it is exercised responsibly and respectfully within the boundaries of the law and our institutional values.

 

2. POLICY DETAILS 

 

2.1  The guidance outlined in this policy and the obligations to uphold the principles of academic freedom and freedom of speech, as enshrined in the Higher Education (Freedom of Speech) Act 2023, apply to ACM’s students’ union or equivalent as well as to ACM. 

 

2.2  Guiding Principles:

 

• Academic Freedom: ACM is dedicated to maintaining an atmosphere where academic staff and students can engage in open and robust discussions, research, and exploration of diverse viewpoints, theories, and ideas. Academic freedom ensures the pursuit of knowledge is uninhibited by external pressures.

 

• Freedom of Speech: ACM respects and safeguards the right to freedom of speech for all members of our community. This includes the right to express opinions, beliefs, and ideas, even those that may be controversial, unpopular, or challenging.

 

• Respectful Dialogue: While ACM encourages free expression, it is equally important that all discourse remains respectful and tolerant of differing viewpoints. Communication should be conducted in a manner that upholds the dignity and well-being of all individuals, fostering a constructive and inclusive environment.

 

• Lawful Expression: Freedom of speech must be exercised within the boundaries of the law. Speech that incites hatred, discrimination, harassment, violence, or poses a direct threat to the safety and well-being of individuals or the university community will not be tolerated.

 

Hate speech

 

2.3  Hate Speech: ACM strictly prohibits the use of hate speech, which includes any form of communication that discriminates, threatens, or incites violence or hostility against individuals or groups based on their race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics as defined by the law. 

 

2.4  Hate Crime: Hate crime is a criminal offence punishable under UK criminal law. The law recognises five types of hate crime on the basis of:

 

• Race
• Religion 
• Disability
• Sexual orientation 
• Transgender identity

 

Hate crimes can take the form of physical assault, verbal abuse or incitement to hatred and are covered by legislation (Crime and Disorder Act 1998 and section 66 of the Sentencing Act 2020) which allows prosecutors to apply for an uplift in sentence for those convicted of a hate crime. The police and the Crown Prosecution Service (CPS) have agreed the following definition for identifying and flagging hate crimes:

 

“Any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice, based on a person’s disability or perceived disability; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation or transgender identity or perceived transgender identity.”

 

2.5  Hate Incident: A hate incident is any incident which the victim, or anyone else, thinks is based on someone’s prejudice towards them because of their race, religion, sexual orientation, disability or because they are transgender. Not all hate incidents will amount to criminal offences, but it is equally important that these are reported and recorded by the police. ACM reserves the right to report such incidents to the police. 

 

 

Harassment

 

2.6  Harassment: Speech that constitutes harassment, whether through verbal, written, or electronic means, is not permitted. Harassment includes unwelcome behaviour that creates a hostile or intimidating environment for others.

 

Protection from retaliation

 

2.7  Protection from Retaliation: ACM prohibits retaliation against any member of the community for expressing their opinions in a respectful and lawful manner. This protection extends to academic and employment-related matters.

 

Application of the Policy

 

2.8  Classroom and Learning Environments: In academic settings, tutors have the autonomy to teach and discuss topics relevant to their courses. Students are encouraged to engage in thoughtful discussions and express diverse perspectives, promoting a rich learning experience.

2.9  Events and Guest Speakers: ACM values the diversity of ideas and viewpoints that guest speakers bring to our campus. Student groups and organisations have the right to invite speakers of their choice within the confines of the law and ACM’s policies.

2.10  Online and Social Media: The principles of freedom of speech extend to online platforms and social media. Members of the ACM community should be mindful of their online conduct and strive to maintain respectful dialogue. 

2.11  Protests and Demonstrations: Peaceful protests and demonstrations are a valid form of expression. ACM supports these activities as long as they are conducted lawfully and do not disrupt the normal functioning of the institution. 

 

Events

 

2.12  Where any person or body subject to the obligations of this Policy wishes to hold any event for the expression of any views or beliefs held or lawfully expressed on premises controlled by ACM or ACM’s student union or equivalent, consent shall not be unreasonably refused. 

 

2.13  It shall be accepted as reasonable for ACM to refuse consent, or withhold facilities for any event to which this Policy applies, where ACM has reasonable cause to believe, from the nature of the organisation and/or speakers or from similar events in the past (whether previously held at ACM or otherwise), that:

 

• the views likely to be expressed by any speaker are contrary to the law;
• the intention of the speaker(s) is likely to be to incite breaches of the law or to intend breaches of the peace to occur;
• the views likely to be expressed by any speaker are for the promotion of any illegal organisation or purpose;
• it is in the interests of public safety, the prevention of disorder or crime, or the protection of those persons lawfully on premises under the control of ACM, that the event does not take place.

 

For the purposes of this Policy, ‘speaker’ means any organiser or other person invited to address the meeting other than members of any audience at that meeting.

 

2.14  ACM may impose such conditions and requirements upon the organisers as are reasonably necessary in all the circumstances. These may include, but are not limited to, requirements as to provision of stewards, variation of location and time, ticketing and whether the event shall be open to the public at large. 

 

2.15  Where ACM concludes that imposing conditions would not be sufficient to prevent serious disorder within premises subject to ACM’s control, it may decline to permit such events to be held.

 

Booking an external speaker

 

2.16  Reference to ACM’s External Speaker and Events policy must be made when booking external speakers. In particular, the process in paragraphs 2.17 to 2.22 will apply. 

 

2.17  The majority of external speaker requests will be straightforward and can be handled entirely at a local (departmental) level. In these cases, following the steps outlined in the “Local assessment of proposed external speaker(s)” below will suffice. However, some requests may be complex and may require referral for further consideration. The “referral process” will only apply in a minority of circumstances – to events or speakers deemed to be higher-risk.

2.18  All requests for an external speaker are to be submitted by the event organiser making the request using the appropriate form to the Industry Link team at least ten working days before the planned event.

2.19  A transcript of the intended talk must be provided, where requested, and a written undertaking to abide by the provisions of this policy and to uphold the ACM policy on Equality and Diversity. Requests that do not comply with this provision will be refused. If the risk is considered medium to high risk a transcript must be attached to the External Speaker Submission Form.

2.20  ACM reserves the right to require references for the proposed speaker and also to refuse permission for the speaker to visit ACM. A refusal is final.

2.21  An appropriate member of staff will be present at all talks to monitor any concerns.

2.22  Speakers must be informed that all such events may be recorded/filmed by ACM. These recordings are for future reference and marketing purposes associated to ACM and to prevent the abuse of trust.

 

Responsibilities

 

2.16  It is the duty of all those who are subject to this Policy to assist ACM in upholding the rights of freedom of speech as set out here. Where a breach of this Policy occurs, those to whom this Policy applies should take all reasonable steps to identify the person or persons involved in that breach. Any breach of the provisions of this Policy shall be dealt with under ACM’s disciplinary procedures, where applicable.

 

2.17  Where breaches of UK criminal law occur, ACM will, where appropriate, assist the Police and the Crown Prosecution Service (CPS). In respect of any criminal charges, ACM will not normally proceed with its own disciplinary proceedings on the same matters until the conclusion of any ongoing criminal proceedings. This does not preclude suspension of a person(s), where deemed appropriate, when actioned in connection with any part of an investigative process. Suspension is not viewed as a punitive measure. 

 

2.18 This policy will be reviewed periodically to ensure its effectiveness and relevance. Changes or amendments to the policy will be made in accordance with UK law and the best interests of the ACM community.

 

2.19  By upholding the principles outlined in this policy, ACM aims to create an inclusive, intellectually stimulating, and respectful environment where freedom of speech is celebrated as a cornerstone of our academic and creative community.

 

3. RELATED POLICIES AND DOCUMENTS

• Higher Education (Freedom of Speech) Act 2023
• European Convention on Human Rights, Articles 10 and 11
• Public Order Act 1986 
• Equality Act 2010
• Office for Students (OfS) Regulatory Framework
• Middlesex University Code of Practice on Freedom of Speech
• ACM Student Charter
• ACM Prevent Duty
• ACM Equality and Diversity Policy
• ACM Safeguarding Policy
• ACM Student Disciplinary Policy

 

4. POLICY OWNER

4.1 The policy lead is responsible for the cyclical monitoring and review of the policy in liaison with the Quality Assurance and Enhancement Manager. The Freedom of Speech lead is:

• Head of Quality and Standards

4.2 Decisions and appropriate actions in support of the implementation of the Policy will be authorised by the following designated staff or their appointed persons:

• Head of Academic Practice
• Group Lead on Student Experience
• Head of Quality and Standards
• Quality Assurance and Enhancement Manager
• Designated Safeguarding Lead 

 

5. DOCUMENT HISTORY AND NEXT REVIEW

Version:   1.0 

Approved on:   03 September 2024

Approved by:   Academic Board

Date of next review:   August 2025 

 

Download: POL_069 Freedom of Speech_202309