UK Parliament Watch

The UK Parliament's Joint Committee on Human Rights publishes report into free speech in universities, highlighting serious concerns over barriers to free speech. The Committee has also published its own guidance for universities and students organising events to empower them to protect and promote this vital human right.

Factors limiting free speech in universities

The Committee say that there are a number of factors which actively limit free speech in universities, including:

• Regulatory complexity
• Intolerant attitudes, often incorrectly using the banner of "no-platforming" and "safe-space" policies
• Incidents of unacceptable intimidating behaviour by protestors intent on preventing free speech and debate
• Student Unions being overly cautious for fear of breaking the rules
• Unnecessary bureaucracy imposed on those organising events
• Fear and confusion over what the Prevent Duty entails
• Unduly complicated and cautious guidance from the Charity Commission.

Recommendations

However, as solutions to the above concerns, MPs and Peers are recommending to students, universities and the authorities:

• That an independent review of the Prevent policy is necessary to assess what impact it is having on students and free speech, after evidence the Committee took demonstrated an adverse effect on events with student faith groups
• That the Charity Commission, which regulates student unions as registered charities, review its approach and guidance, and that its actions are proportionate and are adequately explained to student unions and don't unnecessarily limit free speech
• That the Office for Students should ensure university policies proactively secure lawful free speech and are not overly burdensome
• That student societies should not stop other student societies from holding their meetings. They have the right to protest but must not seek to stop events entirely
• That while there must be opportunities for genuinely sensitive discussions, and that the whole of the university cannot be a "safe space." Universities must be places where open debate can take place so that students can develop their own opinions on unpopular, controversial or provocative ideas
• Groups or individuals holding unpopular opinions which are within the law should not be shut down nor be subject to undue additional scrutiny by student unions or universities.

Members of the Committee believe that codes of practice on freedom of speech should facilitate debate, not unduly restrict it.

Freedom of speech is vital in universities

Chair of the Committee, Harriet Harman MP, said:

Freedom of speech within the law should mean just that -- and it is vital in universities.

Evidence to the Joint Committee on Human Rights showed that there is a problem of inhibition of free speech in universities.

While media reporting has focussed on students inhibiting free speech -- and in our report we urge universities to take action to prevent that -- free speech is also inhibited by university bureaucracy and restrictive guidance from the Charity Commission.

We want students themselves to know their rights to free speech and that's why we've issued a guide for students today.

The Digital Policy Alliance is a cross party group of parliamentarians with associate members from industry and academia.

It has led efforts to develop a Publicly Available Specification (PAS 1296) which was published on 19 March.

Crossbench British peer Merlin Hay, the Earl of Erroll, said:

We need to make the UK a safe place to do business, he said. That's why we're producing a British PAS... that set out for the age check providers what they should do and what records they keep.

The document is expected to include a discussion on the background to age verification, set out the rules in accordance with the Digital Economy Act, and give a detailed look at the technology, with annexes on anonymity and how the system should work.

This PAS will sit alongside data protection and privacy rules set out in the General Data Protection Regulation and in the UK's Data Protection Bill, which is currently making its way through Parliament. Hay explained:

We can't put rules about data protection into the PAS206 That is in the Data Protection Bill, he said. So we refer to them, but we can't mandate them inside this PAS 203 but it's in there as 'you must obey the law'... [perhaps] that's been too subtle for the organisations that have been trying to take a swing at it.

What Hay didn't mention though was that all of this 'help' for British industry would come with a hefty £ 90 + VAT price tag for a 60 page document.