The Open University’s mission is to be open to people, places, methods and ideas. Freedom of speech and academic freedom are fundamental to our mission and to the pursuit of knowledge through teaching and research.
We are committed to ensuring that free and open discussion can take place in an atmosphere of tolerance and respect for the rights of others. This is important because free speech includes lawful speech that may be offensive or hurtful to some.
We will secure and promote free speech and academic freedom, supporting our staff and students to advance learning and knowledge and to challenge, debate and scrutinise ideas and opinions. We will also uphold the right of staff to express political, religious, social, and professional views, both privately and in public, provided that this is within the law and is done explicitly in their own name and not in that of the University.
Our Charter and Statutes, which are the Open University’s principal governing documents and establish us as a legal entity, set out our commitment to freedom of speech and academic freedom. This commitment reflects the University’s core values (internal link only) as well as our legal obligations.
These webpages provide information, support and guidance on free speech and academic freedom, alongside relevant policies for staff and students.
New legislation and regulatory requirements on free speech and academic freedom come into effect on 1 August 2025, with further changes expected over the coming months and years. These webpages will be reviewed and updated as new guidance is published for the sector, and as we receive feedback from the University community on the resources provided here.
The Code of Practice for Freedom of Speech and Academic Freedom sets out the definitions used throughout the policies and guidance, the University’s values and expectations in relation to free speech and academic freedom, and information about roles and responsibilities. It also explains how to raise complaints or concerns about actions or behaviours that are perceived to restrict or inhibit free speech or academic freedom.
The Code of Practice for Freedom of Speech and Academic Freedom applies to staff, students and visiting speakers and should be read in conjunction with the supporting commentary. The commentary provides explanatory detail on elements of the Code, and also includes links to fictional case studies which are designed to help staff and students think through how to navigate this complex area.
The Code of Practice for Freedom of Speech and Academic Freedom was approved by Council, the OU’s governing body, in July 2024, on the recommendation of Senate, which is the University’s academic authority. It will be reviewed periodically as required.
Code of Practice of Freedom of Speech and Academic Freedom
Purpose of the Code
This Code of Practice sets out the University’s approach to protecting and promoting freedom of speech and academic freedom for the University community. It sets out our values and expectations and how our approach operates in relation to events, our curriculum and teaching, and research activities. It explains the legislative and regulatory frameworks under which the University operates and provides information about who is accountable.
This Code applies to staff and students of the University, and to visiting speakers.
This Code should be read in conjunction with the supporting guidance, available on the Freedom of Speech webpages.
Definitions
Freedom of speech and academic freedom are fundamental to the purpose of the University in the advancement and dissemination of learning and knowledge, the development of critical thinking, and the ability to challenge established ideas.
Freedom of speech forms a fundamental part of our democracy. It is protected under common law and is guaranteed under Article 10 of the European Convention on Human Rights which includes the right “to hold opinions and to receive and impart information and ideas without interference by a public authority.” However, freedom of speech is not an absolute right. It carries with it duties and responsibilities which are prescribed by law. Commentary note 2.2.
All staff and students have freedom of speech within the law.
Academic freedom means freedom within the law for academic staff, including associate lecturers, to question and test received views and wisdom, and to put forward new ideas and controversial or unpopular opinions without placing themselves at risk of losing their jobs or privileges. Commentary note 2.4.
Academic freedom is enshrined within the University’s Charter and Statutes, and provides additional employment protection as described in Statute 21 Part 1 (1). Academic freedom may in some instances be applicable to research students and other categories of staff, but this will be determined by the nature and context of their work. Commentary note 2.5.
Our values and expectations
The University’s mission is to be open to people, places, methods and ideas. In achieving our mission, we are committed to the values of inclusivity, innovation and responsiveness, as set out in our overarching Values in Action Framework (due for publication in August 2024). Commentary note 3.1.
We will be proactive in protecting freedom of speech for ourselves and for others and will use it responsibly for the promotion of knowledge and understanding.
As members of a welcoming and inclusive community, which is tolerant and respects different viewpoints expressed within the law, we have responsibilities to each other and to the wider society to:
Value diversity and recognise that different people bring different perspectives, ideas, knowledge and lived experiences, and that this difference brings vitality and strength to our mission.
Treat others with courtesy and respect, and anticipate and respond positively to different needs and circumstances.
Respect the right of colleagues and others to hold and express views we disagree with, and if necessary, to challenge views openly through rigorous debate.
Make every reasonable effort to minimise the risks of any harm, either physical or psychological when promoting ideas
Be careful to distinguish between our personal views and those of The Open University or any other person, group of people or organisation with which we may be associated.
The right to academic freedom also brings responsibilities for academic staff and associate lecturers, to:
Be academically rigorous, justify views with evidence and academic argument, and be willing to recognise the gaps and weaknesses in those arguments.
Be aware that some academic opinions and arguments may cause offence, but that this is not of itself, a sufficient reason not to express those opinions and arguments. Academic staff, including associate lecturers will, nevertheless, be sensitive to the views of others and will not present or challenge views in a way that is hostile or degrading.
Respect the right of others to challenge views, opinions and arguments, provided that challenge is based on accurate evidence, facts or reasonable argument, and that it is thoughtful and made in appropriate fora.
Reflect upon, and apply these principles in all occurrences of teaching, research, study, and academic debate.
Securing and promoting freedom of speech and academic freedom
Our values in relation to freedom of speech and academic freedom are enshrined in the University’s governing documents, including our Statutes, and are also reflected in a number of other codes and policies such as the Research Code of Practice, the Values in Action Framework, the Bullying and Harassment Policy, the Dignity and Respect Policy and the Social Media Policies for staff and students. Commentary note 4.1
The University as a corporate body will actively engage in public debate on matters of interest to its purpose of advancing education, learning and research. When engaging in broader public commentary, it will be mindful of the critical role it plays in protecting democracy, alongside the legislative responsibilities it carries as a charity, as an organisation committed to equality and diversity, and in defending the freedoms defined in this Code. Commentary note 4.2
In supporting freedom of speech, the University will take reasonably practicable steps to protect the right to lawful speech for staff, students, visitors and visiting speakers, independently of the viewpoints being expressed. It is important to remember that free speech includes discussion of topics that may be perceived as offensive or hurtful to some. In such instances, the context of the discussion needs to be taken into consideration by all. Commentary note 4.3
The University will promote freedom of speech and academic freedom through various means, including staff training, and by regularly bringing this Code to the attention of all staff and students. Commentary note 4.4
The University will ensure that its teaching and research arrangements adhere to the principles of freedom of speech and academic freedom, including arrangements for curriculum development and review, and academic assessment. Commentary note 4.5
Procedures for organising events
An event is defined as any activity that falls outside the routine teaching and administrative business of the University. This includes any in person, online or hybrid event for staff, students, or visitors which is affiliated with, branded as, funded by, or using the facilities of The Open University.
The procedures that must be followed by event organisers are set out in the Events Policy. These include how to register events with external speakers, the risk assessment that will be undertaken, and examples of the mitigations that may be required to protect free speech. Commentary note 5.2.
The purpose of these procedures is to maintain open debate, and any conditions imposed on the event will be kept to the minimum considered necessary in line with any risks identified. The University will seek to allow events to go ahead, and will only withhold consent for an event to proceed in exceptional circumstances. Commentary note 5.3.
Individuals attending events will be expected to comply with this Code of Practice for Freedom of Speech and Academic Freedom, and to uphold the University’s values and expected standards of behaviour. Commentary note 5.4.
Roles and responsibilities
The ultimate authority for this Code is the University’s Council. The University Secretary is responsible for the day-to-day implementation of the Code and the procedure for organising events. The University Secretary is supported by the Events Oversight Group, whose role is to approve events with external speakers and to advise on matters of freedom of speech and academic freedom.
The group comprises senior academic colleagues and professional services staff responsible for events, health and safety, and legal and regulatory compliance.
For general advice and guidance staff should contact their Head of Unit in the first instance. If necessary, the Head should escalate an issue to the University Secretary. Students should contact their Student Support Team or the Graduate School.
Non-compliance with this Code
The University will promote awareness of the Code and support its staff, students and visitors in its implementation. Infringements of the procedures set out in this Code and in the Events Policy may result in those responsible being subject to the disciplinary process. If any such actions involve potential breaches of the law, the University may refer the matter to the relevant authorities. Commentary note 7.1.
Complaints
Complaints about freedom of speech or academic freedom should be addressed to the University Secretary. In order to investigate and resolve a complaint the University Secretary will seek support as needed, including from the postholders listed at 6.1 above.
The Office for Students (OfS) operates a free speech complaints scheme. Under that scheme, the OfS can review complaints about free speech from staff, applicants for academic posts and (actual or invited) visiting speakers. Information about the complaints that the OfS can review is available on its website.
Review
This code was approved by Council on 9 July 2024. It will be reviewed periodically in line with other University policies and, where necessary, updated.
Legal and regulatory requirements
The University is subject to several legal duties and regulatory requirements that relate to freedom of speech and to academic freedom. These include:
The Higher Education (Freedom of Speech) Act 2023 requires that higher education institutions protect and promote freedom of speech and academic freedom within the law. The Act requires that universities have in place a Code of Practice for Freedom of Speech (this document) which sets out their values relating to freedom of speech and their procedures for the organisation of meetings and events.
The Education (No. 2) Act 1986 Section 43 places universities under a statutory duty to take reasonably practicable steps to ensure that freedom of speech within the law is secured for staff, students and visiting speakers.
The Public Sector Equality Duty as set out in the Equality Act 2010, requires the University to have due regard to the need to eliminate discrimination, harassment and victimisation, and to advance equality of opportunity and foster good relations between those who share protected characteristics (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation) and those who do not.
The Office for Students (OfS), the OU’s principal regulator, requires the University to comply with a set of public interest governance principles, including freedom of speech and academic freedom (Condition E1 of the OfS’s regulatory framework).
The Prevent duty, monitored by the OfS, requires universities to have due regard to the need to prevent people from being drawn into terrorism.
Other legal responsibilities, such as those relating to preventing discrimination, harassment and victimisation, maintaining public order, and health and safety of employees, students, visiting speakers and visitors.
Open SU
Open SU has published an Interim Code of Practice for Freedom of Speech for students which is available on their website.
As part of our commitment to securing and promoting free speech and academic freedom, we welcome events that enable open discussion and debate. Some topics may be controversial and may offend, shock or disturb members of the University community. It is important to remember that all staff, students and visiting speakers have the right to hold and express opinions and ideas as long as they do not break the law.
The challenge for the University is to identify when the pursuit of freedom of ideas and expression crosses a threshold and becomes unlawful or poses unacceptable risks to the health, safety or welfare of staff, students or visitors. We will continue to encourage opposing views to be heard, with appropriate, proportionate and timely risk assessments undertaken as required. The key aim of OU policies is the creation of an environment that permits freedom of speech and expression within a framework of respect for the rights of others.
The Events Policy sets out the procedures that must be followed by staff and students wishing to arrange in person, online or hybrid events using the University’s facilities, branding or funding. This includes the procedures that must be followed if the event includes external speakers, who play an important role in University life, giving staff and students the opportunity to access a broad range of ideas and opinions.
The Open University encourages people to come together in person and online to meet, discuss, debate, and share views and ideas. This policy sets out the University’s approach to events, and explains the procedures that must be followed by staff and students wishing to arrange in person, online or hybrid events using the University’s facilities, branding or funding.
This policy applies to all staff and students of The Open University.
Definitions and requirements
An event is defined as any activity that falls outside the routine teaching and administrative business of the University, whether in person, online or hybrid.
Any event which takes place on University premises must be booked via the Room Booking and Hospitality System (internal link only). The appropriate risk assessment for the location and the event must be completed as part of the booking.
Any event which includes an external speaker, whether in person, online or hybrid, must be registered using the External Speaker Registration Form (internal link only).
Registration process for events with external speakers
Registration is required to ensure that we can support events with external speakers to take place safely. The registration and risk assessment process is designed to protect staff, students, visitors, and speakers, and to maintain and encourage open debate.
The Event Organiser must complete and submit the External Speaker Registration Form at least 15 working days before the planned event date. It may not be possible to approve an event if the form is submitted outside this timeframe.
The External Speaker Registration Form will capture information about the event including the subject matter, proposed speakers, date, and location. Via the online form, the Event Organiser will conduct an objective assessment to determine whether further consideration or support is required to enable the event to go ahead, for example where the subject matter of the event is likely to be highly polarised. In such cases, additional information will be required, including speaker biographies and the draft promotional text for the event. This information will be reviewed by the Events Oversight Group.
Wherever possible, appropriate measures will be agreed to minimise any potential risks identified in relation to the external speakers, and enable the event to proceed. It is anticipated that the vast majority of events will proceed without such measures. The University will only withhold consent in exceptional circumstances, for example where the proposed speaker belongs to a body which is a Proscribed Organisation as defined by the UK Home Office.
Where risks have been identified, usually in relation to the subject matter of the event or the background of the proposed external speakers, mitigations may include:
Recording the event
Making the event ticketed, especially for large public events
Requiring a moderator to be in place
Requiring the chat and/or Question and Answer function to remain open for online or hybrid events
Admission or exclusion of press, television, or broadcasting personnel
Appointing additional stewards and security
Requiring participants under 18 or vulnerable adults to be accompanied and supervised at all times
Requiring additional information about the proposed external speakers
Placing restrictions on the timing and location of the event, and the manner of advertising or promoting the event
Postponing the event to enable appropriate steps to be taken
The University will not pass on additional security costs for events except in exceptional circumstances. Circumstances are ‘exceptional’ when security costs exceed £2500. In these circumstances the residue of security costs will be passed to the Event Organiser.
The Events Oversight Group will contact the Event Organiser within five working days to confirm any steps that must be taken before the event can proceed.
An event may only proceed when any conditions which have been imposed by the Events Oversight Group have been implemented by the Event Organiser.
If the Event Organiser disagrees with the decision of the Events Oversight Group, they may submit an appeal to the University Secretary within five working days
In exceptional circumstances, where it is not possible to agree conditions or mitigations to ensure the safety of all involved, the University Secretary will make the final decision.
The Event Organiser must wait for formal approval before confirming the event with the external speakers or advertising and promoting the event.
Conduct during events
Staff and students involved in organising, delivering or attending an event must be respectful and must follow the relevant policies listed below to keep the environment safe and welcoming for everyone. Behaviour that falls short of expectations may result in action being taken during or after the event.
Staff and students must not prevent anyone from entering or leaving a place where freedom of speech is being exercised, except in cases where safety concerns necessitate controlled access. They must also prevent any forced segregation at events, such as gender segregation for religious or cultural reasons.
During an event, if conduct breaches this policy or is unlawful, the Event Organiser may take action and must follow any instructions given by a representative of the Events Oversight Group. Unacceptable conduct includes, but is not limited to:
Disruptive behaviour that interferes with the event proceedings
Unlawful harassment of participants
Hate speech, including the promotion of extremist views that could lead to radicalisation
Violence or threats of violence
Vandalism or damage to property
Use of the OU name or brand
The OU name or brand may not be used in a way that gives a false impression, is misleading, or could cause confusion regarding the OU’s relationship with any person or entity.
The OU name or brand must not be used for any kind of personal purpose. For example, OU staff and research students may not use the OU name or brand in any endeavour that is independent of their employment at the OU, including membership of a group, network, or society.
OU staff and students are free to express their political, religious, social and academic views in private or public provided this is explicitly done in their own name and not the name of the OU.
Responsibilities
Event Organiser: All events must have a named Event Organiser who will act as the contact for all arrangements and be responsible for:
Venue safety: Ensuring that all event venues, whether on or off our premises, comply with relevant health and safety regulations. This includes fire safety measures, accessibility, and emergency exits.
Online safety: Implementing agreed measures to deliver safe online events. This includes following up-to-date guidance on setting up online meetings and events, for example on Microsoft Teams, and monitoring for inappropriate behaviour.
Health and safety compliance: Adhering to our Health and Safety Policy, ensuring that all events meet the required standards.
Incident reporting: Establishing a process for reporting and managing incidents during events, including medical emergencies, security breaches, and disruptive behaviour.
Staff presence for student-organised event: Ensuring student-organised events have at least one member of OU or Open SU staff on duty for the duration of the event.
Duty of care for attendees: Making sure that safeguarding measures are in place for children under 18 or vulnerable adults at risk.
Compliance: Ensuring that the event is conducted in line with this Events Policy and with the Code of Practice for Freedom of Speech and Academic Freedom
Staff and Students: All staff and students who book space or arrange facilities for events must comply with this Events Policy and with the Code of Practice for Freedom of Speech and Academic Freedom.
Event Participants: All event attendees or participants must be respectful and considerate of others. Any ideas and opinions should be presented in the spirit of academic debate, being open to question and challenge. Participants must comply with the Events Policy and any event-specific guidelines given by the Event Organiser prior to the event.
OU officers: Senior officers of the OU may act as event sponsors or hosts. However, they are responsible to the Event Organiser for all event arrangements.
Spouse or partner of OU officers: Such individuals may occasionally be invited to attend OU events. As guests of the OU, they are expected to be aware of and comply with this policy.
Non-compliance with this policy
Staff or students found to be in breach of this policy may be subject to disciplinary action in line with University regulations.
If behaviour is unlawful, it will be reported to the appropriate authority.
Complaints
This policy is designed to enable free speech and academic freedom by supporting events to proceed safely. Complaints about actions or behaviours that are perceived to restrict or inhibit free speech or academic freedom should be addressed to the University Secretary.
Concerns regarding bullying, harassment or discrimination can be raised by students, staff or third parties through the Report and Support scheme. Disclosures may also be made via the Whistleblowing procedure.
Data Protection
All personal data collected in relation to organising or attending an event will be processed in line with our Data Protection Policies and retained in accordance with the retention periods set out in our Privacy Notices.
Related policies and legislation
The Open University has legal duties under a wide range of legislation which impact on the operation of events, particularly when external speakers and/or audiences are involved. Our legal obligations are set out in the documents listed below.
This section contains links to resources that you may find useful in relation to freedom of speech and academic freedom.
The commentary on the Code of Practice for Freedom of Speech and Academic Freedom explains the intersection of the different legal duties placed on the University around freedom of speech, academic freedom, equality, harassment and protected beliefs. It also provides more detail on the definitions used and how they apply in practice, and explains how the right to freedom of speech is not an absolute right, but can in some circumstances be restricted.
A series of case studies has been produced to help colleagues think through how to approach situations that could arise at the University. As with the commentary, the aim of this guidance is to equip staff, and especially line managers, to feel confident in discussing and managing contentious issues and to resolve informal complaints or concerns. Context is crucial when considering matters of free speech and academic freedom, and it is often not straightforward to arrive at the ‘right’ answer. The longer case studies contain commentary which points to actions the University might take in the situations described.
The case studies have been designed to be used in small group or workshop settings, but can also be read individually. We have tested the case studies in workshops with Senate members and other staff groups, but are keen to receive feedback in order to make them as useful as possible.
If you are an OU staff member and would like to join a facilitated workshop during the autumn to discuss the case studies, please email the People Services team.
The OfS has created 54 short scenarios or examples as part of its guidance on freedom of speech published in June 2025. These describe hypothetical scenarios in which a University may have either upheld or breached its legal duty to secure freedom of speech and academic freedom.
The Open University operates within a complex legal and regulatory framework in relation to freedom of speech and academic freedom.
Across all the legislation there is a presumption in favour of free speech. This means that speech should considered to be lawful (or ‘free’) unless it is explicitly prohibited in law. Any interference with the right to free speech or academic freedom must therefore be made on a lawful basis.
This section sets out the main legal and regulatory requirements placed on the OU and the factors that need to be considered in determining whether, in some circumstances, it is reasonable to place constraints around speech.
Under the Higher Education (Freedom of Speech) Act 2023, we must take 'reasonably practicable steps' to secure freedom of speech within the law for staff, students, members and visiting speakers. This includes a duty to secure academic freedom for academic staff. We must also promote the importance of freedom of speech and academic freedom, and have in place a Code of Practice approved by our governing body which sets out how we will uphold these duties.
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.
The exercise of these freedoms, since it carries 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 the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
Under this legislation, we must not act in a way which is incompatible with a Convention right, including the right to freedom of expression.
The Public Sector Equality Duty as set out in the Equality Act 2010, requires the OU to have 'due regard' to the need to eliminate discrimination, harassment and victimisation, and to advance equality of opportunity and foster good relations between those who share protected characteristics (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation) and those who do not.
Also in relation to harassment, the OfS’s regulatory framework has placed a ban on the use of non-disclosure agreements to silence victims of bullying, harassment or sexual misconduct in a higher education setting. This has the effect of ensuring that a victim’s right to free speech is not constrained.
One of the protected characteristics set out in the Equality Act 2010 is religion or philosophical belief.
A 'philosophical belief' is defined as a belief that is
genuinely held;
is a belief and not an opinion or viewpoint based on the present state of information available;
is a belief as to a weighty and substantial aspect of human life and behaviour;
is a belief that attains a certain level of cogency, seriousness, cohesion and importance;
and is worthy of respect in a democratic society, not incompatible with human dignity and not in conflict with the fundamental rights of others.
The legal landscape is continually evolving, and a wide variety of philosophical beliefs have been found by the courts to be protected under the Equality Act, including for example ethical veganism, Scottish independence, gender-critical beliefs, anti-Zionism, opposition to critical race theory.
In some circumstances, speech may be considered to be unlawful harassment under the Equality Act 2010. We therefore have to consider whether it is reasonable to constrain free speech because of the likelihood of unlawful harassment.
Harassment is defined in the Equality Act 2010 as unwanted conduct that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person related to one or more of the person’s relevant protected characteristics.
The challenge for the OU is in considering whether it is reasonable in particular circumstances to constrain free speech because the intended effect of the speech is to harass, victimise or discriminate against an individual on the basis of their protected belief or other protected characteristic.
The Prevent duty requires the OU to have due regard to the need to prevent people from being drawn into terrorism. Under this duty we are required to report information to the OfS about events with external speakers. We have to consider whether it is reasonable in particular circumstances to constrain free speech because of the likelihood that people may be drawn into terrorism.
The framework for assessment that will be used by the University in relation to free speech is as follows:
Complaints or concerns about actions or behaviours that are perceived to restrict or inhibit free speech or academic freedom should be addressed to the University Secretary.
Complaints about any form of discrimination, bullying or harassment can also be made through our online Report and Support platform. All information will be treated sensitively and confidentially.
In the future, the OfS will open a free speech complaints scheme for staff and visiting speakers. Further legislation is required before this can happen.