Triangle

 

Below is a non-exhaustive selection of external references.

  • The Office for Students (OfS)  All registered universities are required to comply with the ongoing conditions of registration set by the OfS in its Regulatory Framework that are applicable to them, with Conditions E1 and E2 applying to free speech and academic freedom. Condition E1 refers to the public interest governance principles which are applicable to all registered providers. These principles explicitly reference freedom of speech and academic freedom. Condition E2 makes reference to the statutory duty on freedom of speech in section 43 of the Education (No.2) Act 1986. The OfS takes a risk-based approach to monitoring University performance. If the OfS identifies that the university is at risk of, or is, not complying with the conditions of registration, its powers allow it to investigate the activities of the university and potentially impose sanctions. The Office for Students has published guidance on Freedom of Speech.
  • The ‘Report of the Committee on Freedom of Expression’ at Chicago University has been widely referenced in recent discussions on freedom of speech and academic freedom.
  • Full details of the Human Rights Act 1998 can be found here.
  • Universities UK published a statement on how Universities can prepare for the Higher Education (Freedom of Speech) Act 2023 and some case studies.
  • The Education Act 1994 - Although Students’ Unions are generally independent, section 22 of the Education Act 1994 explicitly makes universities responsible for taking reasonably practicable steps to secure that their SU operates in a fair and democratic manner. Section 22 also specifically requires the governing body to bring to the attention of all students, at least annually, the provisions of section 43 and our Code of Practice on Free Speech and Academic Freedom.
  • The Higher Education (Freedom of Speech) Act2023 makes provision in relation to freedom of speech and academic freedom in higher education institutions.
  • The Equality Act 2010provides a legislative framework to protect particular groups of people against discrimination, with the public sector duty requiring public bodies to have due regard to the need to eliminate conduct prohibited by the Equality Act 2010, advance equality and foster good relations. 
  • The Online Safety Act 2023
  • The Defamation Act 2013 is available here.