Guidance on Open Letters

Introduction

This guidance is for Open University staff and Postgraduate Research (PGR) students when considering authoring, co-authoring or signing open letters. An open letter is a letter that is intended to be read by a wide audience, or a letter addressed to an individual that is also made public by the author(s). The letter may have multiple signatories. Typically, authors, co-authors and signatories cite their profession and/or an institutional affiliation.

For definitions of other key terms in this guidance please refer to the definitions section. 

The purpose of the guidance is to enable staff and PGR students to understand the potential for unlawful harassment or defamation when authoring, co-authoring or signing an open letter.

Principles

Freedom of expression (Human Rights Act 1998, Equality Act 2010) and academic freedom and freedom of speech (Education Reform Act 1988, Education (No 2) Act 1986) are protected by law. The OU’s Code of Practice for Freedom of Speech and Academic Freedom sets out the University’s approach to protecting and promoting academic freedom and freedom of speech for the University community.

The approach is embedded in a values framework that is tolerant and inclusive and respects different viewpoints expressed within the law (Values in Action (internal link only)). In view of their affiliation with the Open University through employment or registration, staff and PGR students also have responsibilities, set out in the Code of Practice for Freedom of Speech and Academic Freedom , to ensure that the manner in which views are expressed upholds the Open University’s values and remains within the law. 

Responsibilities of OU Staff and PGR Students – Open Letters 

The expression of views through open letters can be robust, whilst still being protected. 

Given the nature of open letters, authors, co-authors and signatories explicitly or implicitly declare an institutional affiliation. Therefore, in authoring or signing an open letter, all Open University staff and PGR students are expected to be mindful of their responsibilities set out in paragraphs 3.2 – 3.3 of the Open University Code of Practice for Freedom of Speech and Academic Freedom. Academic staff and PGR students are additionally expected to exercise their academic responsibilities set out in paragraph 3.4.

Free speech may on occasion infringe the rights of others, notably those with protected characteristics, a legal concept which includes beliefs. This can constitute unlawful harassment under the Equality Act 2010.

Those considering authoring, co-authoring or signing open letters should be aware that letters targeting individuals could potentially be viewed as unlawful harassment (Equality Act 2010), and that material which defames another individual is unlawful (Defamation Act 2013).

To mitigate the risk of engaging in unlawful harassment or defamation, specific points for authors, co-authors and signatories of open letters to consider include:

  1. Someone does not have to be explicitly named to be identifiable in the context of the letter as the target of harassment.
  2. Calling for action against a specific individual because of their beliefs or other protected characteristics may amount to harassment, discrimination or defamation. Consider whether authoring, co-authoring or signing an open letter, or the actions being called for within the letter could be considered harassment, unfairly affect the individual’s career or reputation or cause other unfair or unreasonable disadvantage.
  3. Defamatory speech is also unlawful. Avoid defamation or allegations that may be defamatory about individuals or groups, for example, alleging bigotry or discrimination without clear, demonstrable, referenced evidence.
  4. When considering authoring, co-authoring or signing an open letter, be aware that it is likely to be assumed by readers that you agree with all of its contents, whether you do so or not.
  5. Should a complaint be made, an internal hearing and/or an external Employment Tribunal will determine whether the open letter and your actions in authoring, co-authoring, or signing it constituted harassment. An open letter which calls for action in relation to individuals or a group because of beliefs or certain other protected characteristics, may be found to be unlawful harassment, even if it was not your intention.

Further advice

If you require further advice on academic freedom / freedom of speech issues relating to open letters, please contact the University Secretary’s Office. 

Definitions

Open Letters

An open letter is a letter that is intended to be read by a wide audience, or a letter addressed to an individual that is also made public by the author(s). The letter may have multiple signatories. Typically, authors, co-authors  and signatories cite their profession and/or an institutional affiliation.

Defamation

A statement may be found to be defamatory under the Defamation Act 2013 if it causes or is likely to cause serious harm to the reputation of an individual. There are certain permissible defences set out in the Act.

Discrimination

Direct discrimination is one form of discrimination, and is defined as treating someone less favourably because of a protected characteristic (Equality Act 2010).

Harassment

In England, Wales and Scotland the Equality Act 2010 identifies three types of harassment:

  • Unwanted behaviour which is related to certain protected characteristics (age, disability, gender reassignment, race, religion or belief, sex, sexual orientation) and has the purpose or effect of violating a person’s dignity and/or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
  • Conduct of a sexual nature which has the purpose or effect of violating a person’s dignity and/or creating an intimidating, hostile, degrading, humiliating or offensive environment for them (eg sexual harassment).
  • Less favourable treatment as a result of rejecting or submitting to harassment related to sex or gender reassignment.

In Northern Ireland harassment is deemed to be offensive, oppressive or intimidatory behaviour that is connected to the protected characteristics of age; disability; gender reassignment; marital or civil partnership status; political opinion; pregnancy and maternity; race; religious or similar philosophical belief; sex; sexual orientation.

In the Republic of Ireland harassment is deemed to be unwanted conduct that violates a person’s dignity and creates an intimidating, degrading, humiliating or offensive environment for someone relating to the protected grounds of age; disability; civil status; family status; gender; membership of the Traveller community; race; religious belief and sexual orientation. 

Protected Characteristics

Under the Equality Act 2010 protected characteristics are listed as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation.

(Protected) Beliefs

The type of beliefs which constitute a ‘protected characteristic’ and are protected under the Equality Act 2010 include any religious or philosophical belief, including the absence of belief. To qualify as a protected belief, the belief must be genuinely held and be more than an opinion. It must be cogent, serious and apply to an important aspect of human life or behaviour. A belief must also be worthy of respect in a democratic society and not be incompatible with human dignity or conflict with other people’s fundamental rights.  (Source Equality and Human Rights Commission)

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