Legal Framework

Legal Framework and Freedom of Speech

The UK legal framework underpinning freedom of speech primarily relies on Article 10 of the European Convention on Human Rights (ECHR), incorporated into UK law through the Human Rights Act 1998 (HRA). This act ensures the right to freedom of expression, allowing individuals to hold opinions and impart information without interference from public authorities. However, this right is not absolute and can be limited in certain circumstances.  

European Convention on Human Rights  

The University of Wolverhampton is a registered provider of High Education with the Office for Students and as such we are considered a ‘public body’ for the purposes of the Human Rights Act 1998 and so are bound by the European Convention on Human Rights (ECHR).  Article 10 relates to freedom of expression. 

Education Act 1986 

Section 43 of the Education (No 2) Act 1986 requires us to ‘take such steps as are reasonably practicable’ to ensure that freedom of speech within the law is secured for our members, students, employees and visiting speakers. Section 43 also requires us to issue, enforce and keep up to date a free speech code of practice. 

Equality law considerations 

We must also comply with the requirements of equality law.  As a University, we recognise that in upholding lawful free speech and academic freedom, we may have to give some people whose views others find offensive a right to speech. 

In doing so, we must make sure that we operate with an accurate understanding of equality law matters and the extent of our duty to take ‘reasonably practicable steps’ to secure freedom of speech within the law.  For example, policies and processes at our University could limit free speech if they include what may be lawful speech in our definition of ‘harassment’. Where academic staff could be subject to disciplinary action if they contravene such a policy, that policy may interfere with their academic freedom. 

Counterterrorism and Security Act 2015 

Bodies listed in schedule 6 of this Act  must have due regard to the need to prevent people from being drawn into terrorism. However, in carrying out this duty, as a University subject to the section 43 duty (see above) we must have regard to the duty to ensure freedom of speech, and (where applicable) to the importance of academic freedom. 

Higher Education (Freedom of Speech) Act 2023 

This Act has provided, among other things, for: extended free speech duties on higher education providers, new duties on constituent institutions and students’ unions and a free speech complaints scheme, and a new condition of registration to be overseen by the OfS. Some of its provisions were already in force by July 2024 at the time of the general election. The government announced its decision in July 2024 to stop the implementation of the remaining provisions of the Act and to consider the approach it wished to take.   

On 15 January 2025 the Secretary of State for Education made a statement following the government’s review. This gave the Higher Education Sector and the Office for Students some clarity about the future direction for the legislation. The complaints scheme and condition of registration will be introduced subsequently.