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Freedom of speech policy

1. Introduction

Birkbeck, University of London (“the University”) is committed to upholding the principles of freedom of speech and academic freedom for all members of its community. The University recognises that robust, open debate and the exchange of ideas are fundamental to its mission and to the advancement of knowledge. This policy sets out the University’s commitment to securing freedom of speech within the law and outlines the values that underpin this commitment.

Freedom of speech is the right of all members of the University community - including staff, students, and visitors - to express ideas, opinions, and beliefs freely within the law. This includes the right to seek, receive, and impart information and ideas, even if those ideas are controversial, unpopular, or challenging to prevailing views. Freedom of speech must be exercised responsibly and in accordance with the law and Birkbeck’s values and policies. It does not protect speech or conduct that is unlawful, such as hate speech, harassment, or incitement to violence.

Academic freedom is the right of academic staff to freely pursue teaching, research, and scholarly activities within the law. This includes the freedom to question and test received wisdom, to put forward new ideas and controversial or unpopular opinions, and to share these ideas without fear of adverse consequences to their employment, privileges, or career progression at the University. Academic freedom must be exercised responsibly and in accordance with the law and the University’s values and policies.

2. Scope

This policy applies to:

  • All staff, students, and governors of the University
  • Applicants and alumni (for the purposes of this policy, considered ‘students’)
  • Visitors, including external speakers, and contractors
  • The Students’ Union (BCSU) and its societies, clubs, and associations
  • All events, meetings, and activities held on University premises or under the University’s name, whether on or off campus

The University’s approach to freedom of speech is informed by:

  • The Education (No.2) Act 1986
  • The Education Reform Act 1988
  • The Equality Act 2010
  • The Human Rights Act 1998
  • The Counter-Terrorism and Security Act 2015 (Prevent Duty)
  • The Higher Education (Freedom of Speech) Act 2023

4. Principles

The University’s commitment to freedom of speech is guided by the following principles:

  • Equality: The University will act swiftly to challenge discrimination, harassment, and bullying in all its forms.
  • Respect: The University supports the right to self-expression within the context of respect for others, encouraging dialogue and challenging prejudice.
  • Security: The University aims to provide a safe environment, free from intimidation, harassment, and fear.
  • Understanding: The University promotes opportunities to learn about difference, identify common ground, and foster positive relationships.
  • Cooperation: All members of the University community are expected to work together to support these values.

Freedom of speech and academic freedom are qualified rights. The University will balance its duty to secure these rights with its other legal obligations, including the need to eliminate discrimination, safeguard wellbeing, and prevent crime.

5. Responsibilities

All staff, students, visitors, and external speakers are expected to:

  • Uphold the principles of this policy
  • Respect the rights of others to freedom of speech within the law
  • Refrain from conduct intended to prevent others from exercising their rights under this policy

6. Policy Monitoring, Implementation, and Oversight

  • The College Secretary is responsible for the monitoring, implementation, and oversight of this policy.
  • The University Strategy Board is responsible for policy review and approval.
  • This policy will be reviewed at least every three years, or sooner if required by changes in law or regulation.

7. Code of Practice and Procedure

This policy is supported by the University’s:

  • Code of Practice on Freedom of Speech (which sets out how these principles are applied in practice)
  • Freedom of Speech Procedure (which details the processes for event booking, risk assessment, and complaints)

These documents will be published to staff and students annually. All members of the Birkbeck community are expected to familiarise themselves with these documents and to act in accordance with their provisions.

Code of practice on freedom of speech

1. Purpose and Status

1.1 This Code of Practice sets out how the University’s Freedom of Speech Policy is applied in practice. It provides guidance and expectations for all staff, students, visitors, and external speakers, ensuring that freedom of speech and academic freedom are actively promoted and protected within the law.

1.2 This Code is informed by the Higher Education (Freedom of Speech) Act 2023 and the Office for Students’ Regulatory Advice 24: Guidance related to freedom of speech. This includes a framework for assessing compliance with the duty to secure free speech, and examples of steps that could be taken to secure free speech.

2. Scope

2.1 This Code applies to:

  • All University staff, students, governors, applicants, alumni, contractors, and visitors, including external speakers
  • The Students’ Union (BCSU) and its societies, clubs, and associations
  • All events, meetings, and activities held on University premises or under the University’s name, whether on or off campus
  • All aspects of teaching, curriculum content, research, and policy development

3. Roles and responsilities

  • Event Organisers: Responsible for ensuring events comply with the Policy, Code, and Procedure, including providing required information and managing risks.
  • College Secretary: Responsible for the implementation and monitoring of this Code of Practice and the associated Policy and Procedure.
  • Panels (Event Panel and Freedom of Speech Panel): Assess and manage risks associated with events, and may impose conditions or refuse events where necessary.
  • Students’ Union: Ensures its events and activities comply with this Code.
  • All Members of the University Community: Expected to uphold the principles of freedom of speech, respect the rights of others, and refrain from conduct intended to prevent others from exercising their rights.

4. General principles

4.1 There is a strong presumption in favour of permitting lawful speech, even if it is controversial, offensive, or unpopular, provided it does not breach the law.

4.2 Peaceful protest is a legitimate form of expression, but must not prevent debate or the exercise of freedom of speech by others.

4.3 The University will not enter into non-disclosure agreements relating to complaints of misconduct that would restrict lawful freedom of speech.

4.4 The University will act proportionately when considering any restrictions or conditions on speech or events, balancing freedom of speech with other legal duties (including equality, safety, prevention of crime).

5. Application

5.1 This Code applies to all University-related activities, including events, meetings, teaching, research, and policy development. The associated Procedure applies to all events booked through the internal and external Room Bookings forms. While the Procedure does not apply to timetabled teaching booked through the Teaching Resource Manager (TRM) system, the responsibilities of all members if the Birkbeck community in 3 above apply to staff and students participating in timetabled teaching.

5.2 All individuals and groups must comply with the procedures for event booking, risk assessment, and management as set out in the Freedom of Speech Procedure.

5.3 The University may impose conditions or restrictions on events to ensure compliance with the law and the safety and wellbeing of the community.

6. Complaints

6.1 If any member of the University community, or a visitor, believes that their right to freedom of speech (or, for academic staff, academic freedom) has been breached, or has concerns about unlawful speech or conduct, they may raise a complaint.

6.2 Complaints will be considered in accordance with the principles set out in this Code, the University’s Freedom of Speech Policy, and the Office for Students’ guidance. Further details are provided in the Freedom of Speech Procedure.

7. Relationship to policy and procedure

7.1 This Code of Practice should be read in conjunction with the University’s Freedom of Speech Policy and Freedom of Speech Procedure. These documents will be published to staff and students annually. All members of the Birkbeck community are expected to familiarise themselves with these documents and to act in accordance with their provisions.

Freedom of speech procedure

1. Purpose

1.1 This Procedure sets out the processes by which Birkbeck supports and secures freedom of speech and academic freedom, in accordance with the University’s Freedom of Speech Policy and Code of Practice. It ensures that all events, activities, and concerns are managed transparently, fairly, and in line with legal and regulatory requirements.

2. Event booking and notification

2.1 All events (including meetings, lectures, conferences, seminars, performances, and external speaker engagements) that are not part of teaching or research scheduled via the Teaching Resource Manager (TRM) system must be booked using the University’s Room Bookings Procedure and relevant forms and are subject to the Room Booking Terms and Conditions.

2.2 The event organiser must provide at least 10 working days’ written notice and complete the Room Bookings forms in full, including:

  • Date, time, and location of the event
  • Full details of all speakers and topics
  • An assessment of any risks (including health and safety, equality, crime prevention, human rights)

2.3 No event may be promoted until written confirmation of the booking is received.

3. Risk assessment and escalation

3.1 The Room Bookings Office will review all event applications and conduct an initial risk assessment.

  • If the event is deemed low risk, the booking may be authorised directly.
  • If there is a potential risk (e.g., controversial topics, large audiences, external speakers), the application will be referred to the Chief Property Officer, who may convene an Event Panel.

3.2 The Event Panel will:

  • Review all relevant information and risk assessments
  • May request further information or a detailed operational risk assessment from the organiser
  • May consult with other University staff, Students’ Union, or external agencies as appropriate

4. Panel processes

4.1 The Event Panel consists of three members of senior staff from the University Delivery Board. It may co-opt representatives from across the University, depending on the risks being evaluated.

4.2 The Event Panel may:

  • Ask the event organiser for more information or a detailed risk assessment
  • Approve the event with or without conditions
  • Impose conditions including
    • Promotional materials
    • Materials available at the event
    • Requiring a copy of the guest list for review prior to the event
    • Admittance or non-admittance of members of the public
    • Making the event ticketed or specifying that attendees must show a valid student or staff card
    • Provision of a specified number of stewards
    • Varying the time and location of the event
    • Ensuring there is no segregation on the grounds of a protected characteristic
    • Birkbeck to be responsible for security arrangements in which case Birkbeck reserves the right to pursue individuals or organisations for the additional costs involved in hosting an event
    • Presence of specified senior members of Birkbeck staff
    • Refusal of admission of media representatives to the event
    • Restricting the broadcasting of the event (by whatever means)
    • Appointment of a Chair, tasked with leading discussion in an event and with the responsibility to give warnings, curtail or exclude individual(s) at the event.
    • A translator at the event
    • Restricting the provision of alcohol
    • Arranging a panel of speakers rather than a single speaker
    • Increasing the number of speakers or topics at the event
  • Refer the event to the Freedom of Speech Panel if risks cannot be sufficiently mitigated

4.3 The Room Bookings office will create and keep a record of Event Panel decisions

4.4 The Freedom of Speech Panel consists of three members including the College Secretary or nominee as the convenor and is chaired by a Deputy Vice-Chancellor. It will:

  • Consider all available information
  • Decide whether the event may proceed, with or without conditions, or must be refused
  • Provide reasons for its decision

4.5 The College Secretary will create and keep a record of Freedom of Speech panel decisions.

5. Event management

5.1 The event organiser (or nominated deputy) must attend the event and ensure compliance with all University policies, procedures, and any conditions set by the Panels.

5.2 The event organiser and chair (if appointed) must ensure that:

  • The event is conducted lawfully and safely
  • The rights of all participants are respected
  • Any breaches of law or University policy are addressed (e.g., warnings, exclusion, or curtailment of the event)

5.3 The event organiser is responsible for any additional costs incurred due to risk mitigation measures.

6. Complaints

6.1 Any member of the University community or visitor who believes their right to freedom of speech (or, for academic staff, academic freedom) has been breached, or who has concerns about unlawful speech or conduct, may raise a complaint.

6.2 Complaints should be submitted in writing within five working days of the event or incident. Complaints will be considered having regard to the principles set out in the Free Speech Policy, Code of Practice, and the Office for Students’ Regulatory Advice 24

  • Students may raise a complaint via the Student Complaints Procedure. Students who are dissatisfied with the outcome of their complaint may also refer their case to the Office of the Independent Adjudicator for Higher Education (OIAHE), subject to the rules of the OIAHE scheme.
  • Members of staff may raise a complaint under the Grievance Procedure. • Former members of staff and students, visiting speakers (actual or invited) and other visitors may submit a complaint to the College Secretary.
  • Any complaints in relation to Students’ Union events or activities should be raised via the Students’ Union complaints procedure.

6.3 The Office for Students (OfS) operates a free speech complaints scheme. Under that scheme, the OfS can review complaints about free speech from members of staff and visiting speakers. Information about the complaints that the OfS can review is available on its website.

7. Monitoring and review

7.1 The College Secretary is responsible for monitoring compliance with this Procedure.

7.2 An annual report on event decisions, complaints, and lessons learned will be submitted to the University Strategy Board and the Governors..

7.3 This Procedure will be reviewed at least every three years, or sooner if required by changes in law or regulation.

8. Policy and code of practice

8.1 This Procedure should be read in conjunction with the University’s Freedom of Speech Policy and Code of Practice. These documents will be published to staff and students annually. All members of the Birkbeck community are expected to familiarise themselves with these documents and act in accordance with their provisions.