Code of practice on Freedom of Speech

The following Code of Practice on Freedom of Speech was approved by Council on 8 July 2024. It supersedes the Code of Practice on Meetings and Events [published in the Gazette on 21 September 2016, Supplement (1) to No 5142, Vol 147]

1. Introduction

1.1 This Code of Practice sets out the University’s values and expectations relating to freedom of speech and academic freedom and how these values and expectations are applied to University activities.

1.2 Freedom of speech means the freedom, within the law, to receive and impart ideas, opinions or information by means of speech, writing or images (including in electronic form).

1.3 Academic freedom, in relation to academic staff at the University, means their freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, including their opinions about the University, without institutional censorship and without placing themselves in jeopardy of losing their jobs or privileges as further provided for in section 4 of the University’s Statute XII.

1.4 References in this Code of Practice to “University premises” mean all land, buildings, facilities, and other property in the possession of, or owned, leased, used, supervised or controlled by the University.

1.5 The Oxford colleges and the Oxford University Students’ Union each have their own duty to secure freedom of speech within the law and have their own Codes of Practice on this topic.

2. Legislative framework

2.1 The legal duty of UK universities to protect free speech and academic freedom is enshrined in the Higher Education and Research Act 2017, as amended by the Higher Education (Freedom of Speech) Act 2023 (the “Act”). Freedom of speech is also protected under Article 10 of the European Convention on Human Rights which has effect in the UK through the Human Rights Act 1998. Academic freedom is also protected under the Education Reform Act 1988.

2.2 Part A1 of the Act states that:

(1) The governing body of a registered higher education provider must take the steps that, having particular regard to the importance of freedom of speech, are reasonably practicable for it to take in order to achieve the objective in subsection (2).

(2) That objective is securing freedom of speech within the law for—

(a) staff of the provider,

(b) members of the provider,[1]

(c) students of the provider[2], and

(d) visiting speakers[3].

(3) The objective in subsection (2) includes securing that—

(a) the use of any premises of the provider is not denied to any individual or body on grounds specified in subsection (4), and

(b) the terms on which such premises are provided are not to any extent based on such grounds.

(4) The grounds referred to in subsection (3)(a) and (b) are—

(a) in relation to an individual, their ideas or opinions;

(b) in relation to a body, its policy or objectives or the ideas or opinions of any of its members.

(5) The objective in subsection (2), so far as relating to academic staff,[4] includes securing their academic freedom.

2.3 Part A1 (8) and (9) also require the University, having particular regard to the importance of freedom of speech, to take reasonably practicable steps in order to secure that, where a person applies to become a member of academic staff of the provider, the person is not adversely affected in relation to the application because they have exercised their academic freedom.

2.4 Part A2 of the Act states further that the governing body must maintain a code of practice setting out certain matters related to freedom of speech, which are addressed in this document.

3. Values[5]

3.1 Freedom of speech and academic freedom are central tenets of university life and must be robustly protected.

3.2 In all its activities, the University of Oxford seeks to:

(1) secure and promote civic and academic freedoms including freedom of speech;

(2) ensure a very high level of protection for the lawful expression of a viewpoint and for speech in an academic context; and

(3) foster a culture of openness and inclusion, in which members of our community engage with each other, and the public, in debate and discussion, and remain open to both intellectual challenge and change.

3.3 Inevitably, this will mean that members of the University are confronted with views that some find unsettling, extreme or offensive. The University believes that a culture of free, open and robust discussion can be achieved only if all concerned engage critically but courteously with each other.

3.4 Within the bounds prescribed by law, all voices or views which any member of our community considers relevant should be given the chance of a hearing. Wherever possible, they should also be exposed to evidence, questioning and argument. As an integral part of this commitment to freedom of expression, we will take steps to ensure that all such exchanges happen peacefully and respectfully. With appropriate regulation of the time, place and manner of events, members of our community should have no reasonable grounds to feel intimidated or censored.

4. Conduct

4.1 The University is committed to fostering an inclusive culture which promotes equality, values diversity and maintains a working, learning and social environment in which the rights and dignity of all members of the University community are respected. The University does not tolerate any form of harassment or victimisation and expects all members of the University community, its visitors and contractors to treat each other with respect, courtesy and consideration.

4.2 Peaceful protest is a legitimate expression of freedom of speech. However, such protest must not shut down debate. The respect which the University expects all members of the University community to demonstrate towards each other is particularly important where it comprises respect for the right of others to speak freely and exercise their academic freedom.

4.3 Complaints about the behaviour of individuals should be made under the appropriate procedure:

(a) Complaints about staff members should be made under the University’s Policy and Procedure on Harassment;

(b) Complaints about students should be made under Statute XI and the Non-Academic Disciplinary Procedure;

(c) Complaints about others should be made to the relevant Head of Department.

4.4 Complaints that arise in a college context (ie in the course of college activity or on college premises) should normally be made to the appropriate college.

4.5 All activity must be risk assessed and planned in accordance with the ‘University statement of health and safety policy’.

5. Procedures

5.1 The Act requires that this Code of Practice sets out procedures to be followed in connection with the organisation of meetings and other activities at Oxford.

5.2 The University ensures that its teaching, research, curriculum, policies and procedures reflect its duties to ensure, so far as is reasonably practicable and having particular regard to their importance, freedom of speech and academic freedom within the law.

5.3 This Code of Practice therefore applies to the University procedures to be followed by staff and students when organising any activities that relate to academic life, whether those activities take place on or off University premises, including activities relating to: admission, appointment, reappointment, employment and promotion of staff, disciplinary matters, equality, diversity and inclusion, harassment and bullying, IT, social media, Prevent duty, principles of curricular design, academic integrity in research, speaker events, staff and student codes of conduct. It also applies to procedures to be followed by the Oxford Student Union when organising any such activities which take place on University premises.

5.4 In making any decision under any of these procedures or otherwise, or adopting any policy that could directly or indirectly (and positively or negatively) affect freedom of speech, the University will take into account:

(a) the importance of academic freedom (as required eg by the Education Reform Act 1988 and the Act);

(b) the need to take reasonably practicable steps, having particular regard to the importance of freedom of speech, to ensure that freedom of speech within the law (including academic freedom) is secured (as required eg by the Act);

(c) the rights and freedoms enshrined in the European Convention on Human Rights and incorporated into domestic law by the Human Rights Act 1998;

(d) the Public Sector Equality Duty which requires universities to have due regard to the need to eliminate unlawful discrimination, promote equality of opportunity, and foster good relations between different groups ; and

(e) the Counter-Terrorism and Security Act 2015 which requires universities to ‘have due regard to the need to prevent people from being drawn into terrorism’ (section 26 (1)) and which also provides that ‘when carrying out the duty imposed by section 26 (1)’, universities ‘must have particular regard to the duty to ensure freedom of speech; and to the importance of academic freedom.’

5.5 A breach of this Code may lead to disciplinary action being taken under the appropriate University procedure (including staff disciplinary procedures for staff or the Student Non-Academic Disciplinary Procedure for students).

5.6 Complaints that the University has breached its duties in relation to freedom of speech under the Act may be raised by any of the individuals listed in section 2.2(2) and 2.3 above. Complaints may also be brought by a person who was formerly within one of those categories, where their complaint relates to events which occurred while they had that status and which impacted them in that capacity. The appropriate procedure for raising such complaints is as follows:

(a) complaints by members of staff which are related to other complaints and/or form part of an existing complaint, and/or fall under the scope of another staff procedure, should be raised within the procedure associated with those other complaints (eg the grievance or Harassment or disciplinary procedure);

(b) complaints by students which are related to other complaints and/or form part of an existing complaint, should be raised within the procedure associated with those other complaints (eg the Student Complaints Procedure or the Harassment Procedure etc);

(c) other complaints should be raised under the Freedom of Speech Complaints Procedure [https://compliance.admin.ox.ac.uk/freedom-of-speech/complaints-procedure] and should be addressed to casework@proctors.ox.ac.uk. Such concerns will be handled by the Proctors. 

On receipt of any such complaint, the receiving department will consider the most appropriate procedure to be followed, in consultation with relevant colleagues and the complainant and in some cases they may refer the matter to be considered under a different more appropriate procedure.

5.7 The Office for Students (OfS) operates a free speech complaints scheme. Under that scheme, the OfS can review complaints about free speech from members, students, staff, applicants for academic posts and (actual or invited) visiting speakers[6]. Information about the complaints that the OfS can review is available on its website. [LINK – to be supplied]

6. University Meetings and Events

6.1 Through the implementation of this Code, the University takes reasonably practicable steps to ensure that freedom of speech within the law is secured within its community and that the use of its premises and services is not inappropriately denied to any of the persons listed in section 2.2(2) and 2.3 above on any ground connected with their beliefs or views or the policy or objectives of a body of which they are a member. The University acts in a risk-based and proportionate manner and will always aim to allow an event to go ahead, provided that it is within the law and does not pose unacceptable risks to individuals and will work with the organisers towards this goal. Cancellation of events is undesirable and should be exceptional.

6.2 Members, students and employees of the University who are organising meetings or events (including those that take place online) or are responsible for administering external bookings of University premises are responsible for assessing those meetings and events in the context of this Code and other University policies. Where there are concerns that the meeting or event:

(a) may give rise to an environment in which people will experience, or could reasonably fear, discrimination, harassment, intimidation, verbal abuse or violence, particularly (but not exclusively) on account of their age, disability, gender reassignment, marriage or civil partnership, pregnancy, maternity, race, religion or belief, sex or sexual orientation;

(b) is likely to pose a risk to the safety of those lawfully on University premises; or that it may prompt a risk to public safety

the procedure outlined in sections 6.3-6.13 below should be followed. The Oxford Student Union should also follow this procedure where it is organising a meeting or event on University premises. If organisers are in any doubt or have any questions or need for further information, they are encouraged to discuss the situation with colleagues locally in the first instance, and then seek advice, as appropriate, from University Security Services or the Proctors’ Office. No meeting or event which a student or employee is proposing to be held on University premises may be refused, cancelled or altered as a result of the beliefs or views or the policy or objectives of any of the persons listed at 2.2(2) or 2.3 above save as a result of consideration by a Proctor in response to an Event Referral Form.

6.3 The meeting or event should be formally notified to the Deputy Marshall in the Proctors’ Office using an Event Referral Form. The form must be completed and submitted at least twenty (20) working days in advance of the meeting or event If less notice is given the Proctors’ Office will seek to consider the matter in the reduced timeframe if there are compelling reasons why the meeting or event cannot be delayed and– if it is reasonably practical to do so. However, if there are no compelling reasons why the event cannot be delayed and/or if it is not practically possible for the Proctors’ Office to make the necessary arrangements in the reduced time, the organiser may need to organise and fund security independently.

6.4 In the context of this Code, the Proctors are entrusted with the duty to assess the implications of events formally referred to them and to act in accordance with the University’s legal responsibilities, including the conduct and procedures set out in this Code.

6.5 On receipt, the case will be assessed by the Deputy Marshall who will consult with a Proctor.  The starting point, for a Proctor considering a particular Event Referral Form will be that the event should be allowed unless there are compelling and exceptional reasons for it not to proceed.

6.6 As required by section 12 of the Terrorism Act 2000, the Proctor will not give permission to hold a meeting or event where it is known that:

(a) the proposed speaker belongs to, or professes to belong to, a proscribed organisation; or

(b) the proposed speaker will use the event to support, or to further the activities of, a proscribed organisation.

6.7 In exceptional circumstances, it may be reasonable to refuse permission for a University meeting or event where the Proctor reasonably believes (from the nature of the speakers or from similar activities in the past whether held at the University or otherwise) that:

• the views likely to be expressed by any speaker are contrary to the law;
• the intention of any speaker is likely to be to incite breaches of the law or to intend breaches of the peace to occur;
• the meeting is likely to include the expression of viewpoints that are reasonably believed to be highly controversial and/or offensive and the organisers will not permit contrary or opposing viewpoints to be held or expressed;
• the views likely to be expressed by any speaker are for the promotion of any illegal organisation or purpose, including organisations listed on the government’s list of proscribed terrorist groups or organisations; or
• it is in the interest of public safety, the prevention of disorder or crime, that the meeting does not take place.

6.8 The lawful expression of controversial or unpopular views will not in itself constitute reasonable grounds for withholding permission for a University meeting or event.

6.9 Where the Proctor is reasonably satisfied that the otherwise lawful expression of views at an event or meeting on University premises is likely to give rise to disorder or threats to the safety of participants or the wider University community, they shall consider what steps it is necessary to take to ensure the safety of all persons and the security of University premises. This might include postponing or relocating a meeting or event or imposing conditions. The responsibility for fulfilling these conditions rests with the organisers.

6.10 Except as set out in 6.11 below, the University will cover the following costs of security for using the University’s premises for a meeting or event falling under this Code of Practice:

• The costs of the University’s in-house Proctors’ Officers team which is likely to be able to provide up to 6 persons to facilitate the safe running of an event;
• Additional costs of up to £2,000 per event for provision of a specialist risk assessment and external security cover (including for bag search requirements and specialist provision that require Security Industry Authority (SIA) licenced staff).

6.11 The University will not cover the costs of security for using the relevant premises in the exceptional circumstances that the cost of security exceeds these parameters or where the visiting speaker could reasonably be expected to have their own security because of the political or state office they hold (in which case the Proctors’ Office will not usually be involved in security arrangements). The University will also not cover the security costs for using the relevant premises for individuals who do not fall within the categories listed at 2.2(2) above.

6.12 In the exceptional event that security costs are to be passed on to the organiser of the event, the Proctors’ Office will supply the organiser of the event with a clear written summary of its calculation of the expected security cost and an explanation for this calculation. That summary may be appealed by submitting an appeal in writing to the University Registrar.

6.13 In the exceptional event that the Proctor considers that the risks cannot be mitigated by the imposition of conditions, or the organiser(s) refuse(s) to comply with the Proctor’s conditions, the Proctor has the right to cancel the meeting or event and they may do so even if an Event Referral Form has not been provided.

6.14 The Proctor will communicate their decision promptly and will set out the reasons for the decision.

6.15 If any of the individuals listed in section 2.2(2) and 2.3 above is dissatisfied with the decision of a Proctor in relation to a meeting or event they may refer the matter under the relevant complaints procedure set out in sections 5.6-5.7 above.

7. Monitoring and review

7.1 The University will periodically review the contents and operation of this Code of Practice and report on its operation and recommend amendments to it for consideration by Council as appropriate or necessary.