Freedom of Speech Code of Practice

Emmanuel College is fully committed to the principle, and to the promotion, of freedom of speech.

This Code of Practice sets out the College's commitment to freedom of speech, outlines the various legislative frameworks under which such freedoms must be upheld and may be circumscribed, and summarises the procedures used by the College to manage these issues.

Scope

This Code of Practice applies to:

all members, staff and students of the College; and
visiting speakers and all other persons invited or otherwise lawfully participating in college activities on college premises.

For the avoidance of doubt, this Code of Practice does not apply to purely commercial meetings or events on College premises.

References in this Code of Practice to College premises means those premises over which Emmanuel College exercises control, whether indoor or outdoor.

The University of Cambridge and its associated Cambridge Students Union both have their own duty to secure freedom of speech within the law and have both issued their own Code of Practice on this topic.

The activities of the Middle Common Room (MCR) and the Emmanuel College Students Union (ECSU) are subject to this Code of Practice.

Key concepts and legislative framework

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) without interference.

Academic freedom, in relation to academic staff at the College, means their freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without loss of their jobs or privileges at the College, or the likelihood of their securing promotion or different jobs at the College being reduced.

These concepts are underpinned by the Human Rights Act 1998, which brings the European Convention on Human Rights into direct effect in national law. Article 10 of the Convention articulates freedom of expression as a human right and sets out the limited circumstances in which that right might be circumscribed (such as to protect public safety, for the prevention of disorder or crime, or for the protection of the reputation or rights of others). These concepts also exist within other UK legislation. Universities and similar institutions in England (including the College) have duties under the Education Act 1986 and the Higher Education and Research Act 2017 to take such steps as are reasonably practicable to secure and promote freedom of speech and academic freedom within the law for staff and students and for visiting speakers.

Section 26 of the Counter–Terrorism and Security Act 2015 places a duty on certain bodies, including higher education institutions such as the College, in the exercise of their functions to have due regard to the need to prevent people from being drawn into terrorism. This necessitates the establishment of protocols and procedures by which to assess the risks associated with meetings or events hosted by the College. This Act also requires the College to have particular regard to its other duties with regard to academic freedom and freedom of speech. Debate, discussion, and critical enquiry are, in themselves, powerful tools in preventing people from being drawn into terrorism.

Under the Equality Act 2010, Fellows, those holding a non–statutory association with the College, staff and students must not be subjected to unlawful discrimination, harassment, intimidation or threats of violence on the grounds of race, sex, age, religion or philosophical belief, sexual orientation, disability, gender reassignment, marriage and civil partnership, or pregnancy or maternity. However, the provisions of the Equality Act 2010 are not to be interpreted to undermine freedom of speech and academic freedom. As a result, Fellows, those holding a non–statutory association with the College, students and staff may be exposed to research, course material, discussion or speakers views that they find offensive, contentious or unacceptable, but are nonetheless within the law, and unlikely to be considered unlawful harassment or discrimination under the Equality Act 2010.

There are other legislative requirements that may be relevant in particular cases, such as offences under the Terrorism Acts if speech encourages terrorism, or amounts to the incitement of religious or racial hatred or hatred on the grounds of sexual orientation under the Public Order Acts, as well as statutory requirements relating to the holding of processions and assemblies. The College is not under any obligation to secure or promote freedom of speech that contravenes any legislative requirements.

Values

Amongst the Colleges, core values are freedom of thought and expression and freedom from discrimination and the College encourages Fellows, those holding a non–statutory association with the College, staff, students and visitors to engage in robust, challenging, evidence–based and civil debate as a core part of academic enquiry and wider College activity, even if they find the viewpoints expressed to be disagreeable, unwelcome or distasteful. The steps the College takes to embed its values in practice are set out in the next section (below).

The College fosters an environment in which all of its Fellows, those holding a non–statutory association with the College, staff and students can participate fully in college life, and feel able to question and test received wisdom, and to express new ideas and controversial or unpopular opinions within the law, without fear of intolerance or discrimination. In exercising their right to freedom of speech, the College expects its Fellows, staff, students, and visitors to be tolerant of the differing opinions of others, in line with the College's core value of freedom of expression. The College also expects its Fellows, those holding a non–statutory association with the College, staff, students, and visitors to be tolerant of the diverse identities of others, in line with the College's core value of freedom from discrimination. While debate and discussion may be robust and challenging, all speakers have a right to be heard when exercising their right to free speech within the law. Neither speakers nor listeners should have reasonable grounds to feel censored or intimidated.

The College will ensure that Fellows, those holding a non–statutory association with the College, and staff are able to exercise freedom of thought and expression within the law without placing themselves at risk of losing their job, Fellowship or other supernumerary position, or any college privileges and benefits they have or affecting the likelihood of their securing other roles in the College. The College expects all Fellows, those holding a non–statutory association with the College, staff and students to engage with intellectual and ideological challenges in a constructive, questioning and peaceable way. The right of Fellows, those holding a non–statutory association with the College, staff and students to freedom of assembly, and to protest against certain viewpoints, should not obstruct the ability of others to exercise their lawful freedom of speech.

The right to freedom of expression is not absolute. It may be restricted where, for example, any views expressed are contrary to the law; the views expressed are likely to incite breaches of the law; the views expressed promote any illegal organisation or purpose, including organisations listed on the governments list of proscribed terrorist groups or organisations; or if someone's freedom of expression would lead to a breach of another person's rights under the European Convention on Human Rights. However, the lawful expression of controversial or unpopular views will not in itself constitute reasonable grounds for restricting freedom of expression.

The College expects freedom of expression to be exercised in a manner consistent with its Culture of Respect even where any views expressed may be controversial, unpopular, disagreeable, unwelcome or distasteful.

Steps the College takes to ensure freedom of speech and academic freedom

The College will ensure that its teaching, curriculum, events, policies and procedures reflect its duty to ensure, so far as is reasonably practicable, freedom of speech and academic freedom within the law and the very high level of protection for the lawful expression of viewpoints, and for speech in an academic context.

This includes but is not limited to:

the College's arrangements for teaching, quality assurance and academic assessment;
the College's processes for admission, appointment, reappointment and promotion;
the College's policies relating to equality, diversity and inclusion (including the public sector equality duty) and the Prevent duty;
the College's processes for facilitating research; and
the College's behaviour policies, which will ensure no individual will be subjected to disciplinary sanction or other less favourable treatment by or on behalf of the College because of the lawful exercise of freedom of speech or academic freedom.

The College does not enter into non–disclosure agreements related to complaints about sexual misconduct, bullying or harassment.

The College has processes in place to identify and manage any risks to freedom of speech or academic freedom arising from the terms of certain overseas funding, including funding from endowments, gifts, donations, research grants and contracts, and educational or commercial partnerships.

The College will:

ensure that this Code of Practice is brought to the attention of all resident members of the College and ensure that it is referred to in other college documentation as appropriate;
ensure that all relevant decision–makers, in making any decision or adopting any policy that could directly or indirectly (positively or negatively) affect freedom of speech, act compatibly with the College's free speech duties as they apply in the relevant circumstances;
nsure that there are adequate measures in place to raise concerns about freedom of speech and academic freedom;
ensure that when new policies and procedures are introduced consideration is given to their impact on freedom of speech and academic freedom;
ensure that it has appropriate processes for the holding of events and meetings as set out in the next section (below); and
take steps to secure compliance with this Code of Practice, including, where appropriate, taking disciplinary action.

College events and meetings procedures and conduct of attendees

Speaker events are fundamental to the academic and other activities of the College and its Fellows, those holding a non–statutory association with the College, staff and students are encouraged to invite a wide range of speakers and to engage critically but courteously with them. This Code of Practice provides the only mechanism by which the College can cancel or impose conditions on college meetings or events where this action is deemed necessary, as a result of the event's subject matter and/or speaker(s). This is to ensure that the use of college premises is not inappropriately denied to any individual or body of persons on any ground connected with their beliefs or views, or the policy or objectives of a body (with the exception of proscribed groups or organisations) of which they are a member. However, all speakers should anticipate that their views might be subject to robust debate, critique and challenge.

The starting point should always be that the event should go ahead and that cancellation is exceptional and undesirable.

Depending on the circumstances, it may however be reasonable to refuse permission for a meeting or event where the College reasonably believes (from the nature of the speakers or from similar activities in the past whether held at the College or otherwise) that:

the views likely to be expressed by any speaker are contrary to the law;
the speaker is likely to incite breaches of the law or to intend breaches of the peace to occur;
the meeting will not permit contrary or opposing viewpoints to be held or expressed;
the speaker and/or the organisation they represent advocates or engages in violence in the furtherance of their political, religious, philosophical or other beliefs;
the views likely to be expressed by any speaker are for the promotion of any illegal organisation or purpose, including organisations listed on the governments list of proscribed terrorist groups or organisations; or
it is in the interest of public safety, the prevention of disorder or crime, the proper functioning of the College or the protection of those persons lawfully on college premises, that the meeting does not take place.

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

Where the College is reasonably satisfied that the otherwise lawful expression of views at an event or meeting on college premises is likely to give rise to disorder or threats to the safety of participants or the wider college community, the College will consider what steps it is necessary to take to ensure the safety of all persons and the security of college premises. These may include, but are not limited to: requirements as to the provision of security/stewards, the speaker being part of a panel, ensuring that a member of staff is in attendance, or that the event or meeting should take place in alternative premises, at a later date, or in a different format. The College may impose such conditions and requirements upon the organisers as are reasonably necessary in all the circumstances, ensuring that the conditions and requirements go no further than is necessary to address the risks it has identified.

These narrow exceptions to the general principle of freedom of speech are not intended ever to apply in a way that is inconsistent with the College's commitment to the completely free and open discussion of ideas.

Those attending events and meetings at the College are expected to conduct themselves in a manner consistent with the following principles:

everyone has the right to free speech within the law;
an aim of the College is that events held in its premises may expose Fellows, those holding a non–statutory association with the College, staff and students to a wide range of views, within the law;
protest is itself a legitimate expression of freedom of speech but protesters should recognise the rights of others participating in an event or meeting, and in particular should not violate the rights of others to speak during the event. Protest must not shut down debate.

Where any person or body to whom this Code of Practice applies is seeking to hold a college event or meeting on college premises which is outside of the normal academic curriculum the processes in the Annex below shall be followed, except where the event or meeting is purely commercial.

Breaches and complaints

Where the College receives a concern about the exercise of academic freedom or freedom of speech, or where it has received a concern about a possible infringement or departure(s) from the values and procedures set out in this Code of Practice, it will consider which of its procedures are most appropriate to consider the concern, making such enquiries, and seeking such information as it considers necessary. Such consideration may lead to further investigation in accordance with the College's disciplinary procedures or the College's grievance or complaints procedures.

Monitoring and review

The College Council will periodically review the contents and operation of this Code of Practice, and consider its operation.

Emmanuel College is strongly committed to the principle of freedom of speech and expression.

This Code of Practice explains how external events (at which controversial views may be expressed) and visiting speakers will be managed. An external event is a scheduled or advertised meeting or activity that includes visiting speakers (i.e. speakers who are not members of the University or one of the colleges) and/or significant numbers of attendees from outside of Collegiate Cambridge.

The Bursar is responsible for all the rooms and meeting places of the College. The Bursar is responsible for ensuring that rooms and meeting places in College are used appropriately. Particular terms and conditions relating to the use of a room or meeting place, which may include terms and conditions relating to any particular meeting or activity, may be specified when a booking is made.

No external event can take place in a room or meeting place without prior approval by the Bursar (or by the Director of Operations, on behalf of the Bursar). Such decisions are made in the light of information provided by the organiser of an external event (who must be a specific person, acting on their own behalf or on behalf of an organisation responsible for the external event).

Requests to book college rooms for meeting or events should be made using the form provided.

Requests to book rooms for events or meetings must normally be made by the event organiser at least one week in advance. A meeting or event must not be publicised before approval has been granted. The College reserves the right to refuse outright any requests for the use of a room or meeting place if such a request is made less than a week before the proposed event.

There are conditions which apply to all room bookings for external events, including:

The College reserves the right to seek additional information before confirming a booking
The external event organiser (i.e. the named person making the booking) agrees as a condition of submitting the room booking request to notify the College if any of the details submitted change
The College reserves the right to review its decision on allowing an external event to proceed if any of the information provided changes
The deliberate provision of false or incomplete information by the external event organiser may be considered a disciplinary matter, if appropriate, or may otherwise invalidate the booking

An initial room booking should be made using the form provided on the College website.

The following details must be provided:

name and contact details of the external event organiser;
title of the proposed external event;
names and contact details of formal presenters or speakers at the external event, if any;
details of any external organisation represented or publicised at the external event;
brief description of proposed talks and/or activities;
dates and times of the proposed external event; and
projected number of attendees, including: the number of student members of the College; the number of other members of the College; the number of other members of the University; and the number of people external to the College and the University.

The Bursar will use this information to assess the likelihood of a range of risks: this will include the assessment of risks specifically relating to the protection of freedom of speech and the College's responsibility in preventing crime (including preventing the promotion of illegal discrimination or terrorism).

Activities likely to be considered inappropriate to be conducted on college premises include:

internal or external speakers giving talks which directly or indirectly promote violence towards members of the College or the general public, or which may advance the radicalisation of College members;
internal or external speakers whose presence or activity, in the view of the College, carries a reasonable likelihood of risk to the health or safety of its members or of the general public;
physical activities where there has not been due regard for the safety of participants and onlookers; or
activities where the College has been advised by the police that they represent a high risk at the specified time or location proposed.

If a request to book a room for an event or meeting is refused, you may make an appeal against the decision to the Senior Tutor. The appeal decision will be the final decision of the College.