Freedom of Speech Policy

Blackfriars Hall Policy Statement and Code of Practice on Freedom of Speech Policy

Statement on Freedom of Speech

Free speech is the lifeblood of a university. It enables the pursuit of knowledge. It helps us approach truth. It allows students, teachers and researchers to become better acquainted with the variety of beliefs, theories and opinions in the world. Recognising the vital importance of free expression for the life of the mind, a university may make rules concerning the conduct of debate but should never prevent speech that is lawful.

The Hall is committed to ensuring 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.

Inevitably, this will mean that members of the University/Blackfriars Hall (“Hall”) may be confronted with views that some find unsettling, extreme, or offensive. The University/Hall must therefore foster freedom of expression within a framework of robust civility. Not all theories deserve equal respect. A university values expertise and intellectual achievement as well as openness. But, within the bounds set 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. With appropriate regulation of the time, place and manner of events, neither speakers nor listeners should have any reasonable grounds to feel intimidated or censored.

It is this understanding of the central importance and specific roles of free speech in a university that underlies the detailed procedures of the Hall.

Code of Practice on Freedom of Speech

1. Section 43 of the Education (No 2) Act 1986 requires registered education providers to issue and keep up to date a Code of Practice to be followed by members, students, and employees for the organisation of meetings and other events, which are to be held on its premises, and for the conduct required of members, students, and employees in connection with meetings and other events. The legal duty of UK universities to protect free speech and academic freedom is more recently enshrined in the Higher Education (Freedom of Speech) Act 2023 (the “Act”) and is also protected under Article 10 of the European Convention on Human Rights which has effect through the Human Rights Act 1998. The University of Oxford also has a Code of Practice on Freedom of Speech:  https://compliance.admin.ox.ac.uk/freedom-of-speech/code-of-practice Whilst the Hall is not a registered higher education provider as defined by the Education (No 2) Act 1986, and therefore not directly subject to the duty outlined above in this paragraph, the Hall has chosen to set out a Code of Practice in line with these principles.
2. This Code applies to all members, students, and employees of the College, in respect of all Hall premises. Outdoor as well as indoor meetings and other events on Hall premises are included.
3. The Hall is committed to upholding an inclusive culture which respects equality, values diversity and maintains a working, learning and social environment in which the rights and dignity of all members of the Hall community are In accordance with the terms of its Policy on Harassment, the Hall does not tolerate any form of harassment or victimisation of any kind, including on account of a person’s age, disability, gender reassignment, marriage or civil partnership, pregnancy, maternity, race, religion or belief, sex or sexual orientation.
4. An intentional or reckless breach of this Code of Practice is an offence and may be the subject of disciplinary action. Where the acts of individuals involve alleged breaches of criminal law, the Hall will assist the prosecuting authorities in implementing the due process of law and any internal disciplinary proceedings may be deferred or suspended pending the outcome of criminal proceedings.

Meetings and events on Hall premises

(a) Meetings and events to which this Code applies

5. In this part of the Code reference to a meeting or an event refers to meetings or other events in which the nature of the meeting or event, the identity of the speaker or speakers or some other factor gives rise to reasonable concern on the part of the organisers, the Hall’s Local Executive Board, Senior Dean or other individuals, that the proposed meeting or event may be disrupted or may result in harassment, violence, disorder, or any other unlawful activity.
6. The Local Executive Board is responsible for approving suitable arrangements for such meetings and events and may make such directions, or issue such guidance, as is necessary to ensure that the nature and conduct of the meeting is lawful and in accordance with the provisions of this Code. In applying such arrangements, the Local Executive Board should have regard to the Hall’s duty to prevent people from being drawn into terrorism and extremism, always having in mind its statutory obligation to uphold freedom of speech, including for visiting speakers.

(b) Organisation of such meetings or events

7. It shall be the duty of the organisers of every such meeting or event to seek the approval of the Local Executive Board for the holding of that meeting.
8. Any other member of the Hall or member of staff who has concerns about a prospective meeting or event should bring his or her concerns promptly to the attention to members or a member of the Local Executive Board and they shall take such reasonable steps as are warranted under paragraph 6
9. Organisers should supply details of the date, time and place of the meeting, the names, addresses, and Colleges (if any) of the organisers, the name of the organisation making the arrangements, and the name of any expected speaker, whether or not a member of the College. Information is required at least five working days in advance (although the Local executive Board may, at their discretion, agree to receive information closer to the time of the meeting than this). The Local Executive Board may cancel any meeting or event where the required information has not been provided seven working days in advance.
10. The organisers of meetings and events should comply with any conditions set by the Local Executive Board concerned with the arrangements for the conduct of the meeting. Such conditions may include a requirement that tickets should be issued, that an adequate number of stewards should be provided, that the police should be consulted about the arrangements, and that the time and place of the meeting should be changed. The cost of meeting the requirements, and the responsibility for fulfilling them, rests with the organisers (save for academic meetings or events, where the expense rests with the department, faculty, college or hall concerned).
11. The Local Executive Board will not seek to curtail or cancel a meeting or event unless in their considered opinion the meeting or event infringes on the legitimate rights and freedoms of others or poses a significant risk to health and safety or there is some other substantial and lawful ground for the curtailment or cancellation. The Local Executive Boards will consult as necessary with the University Marshal and police about forthcoming meetings and events covered by the Code. In any case in which serious disruption may be anticipated which may not be effectively addressed by any condition specified under paragraph 10 above, the Local Executive Board shall have power, having taken into consideration any advice received to order or to advise the cancellation, postponement, or relocation of the meeting.
12. All decisions will be reached by the Local executive Board following careful consideration of the evidence available to them and will be limited to those actions that are reasonable, proportionate and necessary to prevent crime or disorder, or otherwise protect the legitimate rights and freedoms of others.
13. If an organiser is unhappy with the outcome of a decision of the Local executive Board they may write to the Hall Visitor setting out clear reasons for unhappiness with the decision and requesting a reconsideration of the decision.

(c) Conduct at such meetings or events

14. The organisers and those in attendance at any meeting or event must comply with any reasonable instructions given during the course of a meeting or event by the Local Executive Board, by any other Hall officer or person authorised to act on behalf of the Hall in the proper discharge of their duties, or by police.
15. It is the duty of every member, student, and employee of the Hall not to impede any person entitled to be present from entering or leaving a place where the right to freedom of speech is being or is to be exercised. This duty is subject only to such conditions as may have been specified in accordance with the terms of this Policy or any limitations imposed or directions given by the police or other relevant public authority.
16. Nothing in this Code shall be taken to prohibit the exercise of the right to protest by peaceful means; provided always that such protest is conducted lawfully within the general principles and other requirements of this Code, and the provisions of the Statutes and Bylaws of the Hall.

(d) Hall premises made available for use by outside organisations

17. In any case in which the Hall is proposing to grant permission to an outside organisation or group to hold meetings or events on Hall premises, the outside organisation or group shall be required to act in accordance with this Code of Practice.

Other legal requirements

18. The Hall is mindful of its pro-active duties under equality legislation. The right to freedom of speech is constrained by laws protecting others from discrimination, victimisation and harassment, protecting national security and public safety, preventing of disorder or crime, protecting the reputation and rights of others, and preventing the disclosure of information received in confidence.

Applications of the Code

19. Any person who is in any doubt about the application of this Code of Practice to any meeting, event or public gathering on Hall premises is under an obligation to consult the Local executive Board, who will determine whether the provisions of the Code apply.