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Title goes here
Subtitle goes here
Name Surname One
Name Surname Two
Freedom of speech
Universities UK conference
Implemen...
Article 10(1) European Convention
on Human Rights
“Everyone has the right to freedom of expression. This
right shall inclu...
Article 10(2) ECHR
“The exercise of these freedoms, since it comes with it
duties and responsibilities, may be subject to ...
Section 43(1) Education (No 2) Act
1986
“Every individual and body of persons concerned in the
government of any establish...
Section 43(2) Education (No 2) Act
1986
“The duty imposed by subsection (1) above includes (in
particular) the duty to ens...
Section 202(2) Education Reform Act
1988
“In exercising those functions, the [University]
Commissioners shall have regard ...
Freedom of speech – within the law
o an ‘essential foundation of a democratic society’
o includes
– political and religiou...
Freedom of speech – outside the law
Breach of public order/criminal offences including:
o course of conduct amounting to h...
Freedom of speech – outside the law
Breach of the Equality Act 2010
o discrimination
o harassment *
o victimisation
o publ...
Freedom of speech – outside the law
Breach of charity law
o activities not in furtherance of charitable purposes
o public ...
Freedom of speech – outside the law
Breach of terrorism legislation, including
o inviting support for a proscribed organis...
Section 1(1) Terrorism Act 2000
“(1) In this Act “terrorism” means the use or threat of
action where—
(a) the action falls...
Section 1(2) Terrorism Act 2000
“(2) Action falls within this subsection if it—
(a) involves serious violence against a pe...
Freedom of speech
Within the law Outside the law
eg radical ideas eg terrorist offences
Section 26(1) Counter-Terrorism and
Security Act 2015
“A specified authority must, in the exercise of its
functions, have ...
Section 31 Counter-Terrorism and
Security Act 2015
“(2) When carrying out the duty imposed by s26(1), a
specified authorit...
Prevent Duty Guidance (England and
Wales) 2015 – paragraph 8
“The Prevent strategy was explicitly changed in 2011 to
deal ...
Prevent Duty Guidance (England and
Wales) 2015 – paragraph 7
“The Government has defined extremism in the Prevent
strategy...
Freedom of speech
Within the law Outside the law
eg radical ideas eg terrorist offences
risk to public safety
risk of bein...
UUK guidance
Speaker building blocks
What to expect next?
Significant changes
from the original version
– less prescriptive, less
onerous
Removal of 14 day
not...
External speakers on campus – securing free speech while ensuring that the law is observed
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External speakers on campus – securing free speech while ensuring that the law is observed

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External speakers on campus – securing free speech while ensuring that the law is observed
Jo Attwooll, Programme Manager
Universities UK
Gary Attle, Partner, Head of Education & Governance
Mills & Reeve LLP

Published in: Education
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External speakers on campus – securing free speech while ensuring that the law is observed

  1. 1. Title goes here Subtitle goes here Name Surname One Name Surname Two Freedom of speech Universities UK conference Implementing the new Prevent statutory duty 22 June 2015 Gary Attle, Partner, Head of Education & Governance gary.attle@mills-reeve.com 01223 222394
  2. 2. Article 10(1) European Convention on Human Rights “Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent states from requiring the licensing of broadcasting, television or cinema enterprises.”
  3. 3. Article 10(2) ECHR “The exercise of these freedoms, since it comes with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”
  4. 4. Section 43(1) Education (No 2) Act 1986 “Every individual and body of persons concerned in the government of any establishment to which this section applies shall take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured for members, students and employees of the establishment and for visiting speakers.”
  5. 5. Section 43(2) Education (No 2) Act 1986 “The duty imposed by subsection (1) above includes (in particular) the duty to ensure, so far as reasonably practicable, that the use of any premises of the establishment is not denied to any individual or body of persons on any ground connected with – (a) the beliefs or views of that individual or any member of that body; or (b) the policy or objectives of that body.”
  6. 6. Section 202(2) Education Reform Act 1988 “In exercising those functions, the [University] Commissioners shall have regard to the need – (a) to ensure that academic staff have freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themselves in jeopardy of losing their jobs or privileges they may have at their institutions.”
  7. 7. Freedom of speech – within the law o an ‘essential foundation of a democratic society’ o includes – political and religious views – controversial and unpopular opinions – radical ideas and dissenting voices – minority opinions as well as the majority view – statements which ‘offend, shock or disturb’
  8. 8. Freedom of speech – outside the law Breach of public order/criminal offences including: o course of conduct amounting to harassment o malicious communications o threats of violence / harassment, alarm or distress o threatening or abusive words or behaviour – with intent to stir up racial hatred or a likelihood of doing so o threatening words or behaviour – with intent to stir up religious hatred*, or – with intent to stir up hatred on grounds of sexual orientation* * express statutory protection for freedom of expression
  9. 9. Freedom of speech – outside the law Breach of the Equality Act 2010 o discrimination o harassment * o victimisation o public sector equality duty *includes unwanted conduct related to a relevant protected characteristic which violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for that person
  10. 10. Freedom of speech – outside the law Breach of charity law o activities not in furtherance of charitable purposes o public interest requirement o rules on political campaigning
  11. 11. Freedom of speech – outside the law Breach of terrorism legislation, including o inviting support for a proscribed organisation o encouraging terrorism including glorifying terrorism o disseminating terrorist material o providing instruction or training in terrorist skills
  12. 12. Section 1(1) Terrorism Act 2000 “(1) In this Act “terrorism” means the use or threat of action where— (a) the action falls within subsection (2), (b)* the use or threat is designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public, and (c) the use or threat is made for the purpose of advancing a political, religious, racial or ideological cause.” * This condition is not required if the use or threat involves the use of firearms or explosives.
  13. 13. Section 1(2) Terrorism Act 2000 “(2) Action falls within this subsection if it— (a) involves serious violence against a person, (b) involves serious damage to property, (c) endangers a person’s life, other than that of the person committing the action, (d) creates a serious risk to the health or safety of the public or a section of the public, or (e) is designed seriously to interfere with or seriously to disrupt an electronic system.”
  14. 14. Freedom of speech Within the law Outside the law eg radical ideas eg terrorist offences
  15. 15. Section 26(1) Counter-Terrorism and Security Act 2015 “A specified authority must, in the exercise of its functions, have due regard to the need to prevent people from being drawn into terrorism.”
  16. 16. Section 31 Counter-Terrorism and Security Act 2015 “(2) When carrying out the duty imposed by s26(1), a specified authority to which this section applies - (a) must have particular regard to the duty to ensure freedom of speech, if it is subject to that duty; (b) must have particular regard to the importance of academic freedom, if it is the proprietor or governing body of a qualifying institution.”
  17. 17. Prevent Duty Guidance (England and Wales) 2015 – paragraph 8 “The Prevent strategy was explicitly changed in 2011 to deal with all forms of terrorism and with non-violent extremism, which can create an atmosphere conducive to terrorism and can popularise views which terrorists then exploit. It also made clear that preventing people becoming terrorists or supporting terrorism requires challenge to extremist ideas where they are used to legitimise terrorism and are shared by terrorist groups.“
  18. 18. Prevent Duty Guidance (England and Wales) 2015 – paragraph 7 “The Government has defined extremism in the Prevent strategy as: “vocal or active opposition to fundamental British values, including democracy, the rule of law, individual liberty and mutual respect and tolerance of different faiths and beliefs. We also include in our definition of extremism calls for the death of members of our armed forces.”
  19. 19. Freedom of speech Within the law Outside the law eg radical ideas eg terrorist offences risk to public safety risk of being drawn into terrorism
  20. 20. UUK guidance
  21. 21. Speaker building blocks
  22. 22. What to expect next? Significant changes from the original version – less prescriptive, less onerous Removal of 14 day notice requirement Removal of requirement to see all presentations in advance of events Likely to be requirement to manage speaker risks effectively and evidence this Intention is for external speaker content to be confirmed before 21/07/15 Draft text must be approved by Parliament and commencement order then laid for the Prevent duty

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