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At the University of Portsmouth, you have the right to express lawful views, question ideas, challenge assumptions and participate in debate. We welcome students and colleagues from a very wide variety of backgrounds who have a range of different beliefs, values and perspectives. The University is committed to the protection of free speech and freedom of expression and to ensuring that everyone of us can participate in discussion, debate, and even demonstrate, freely, respectfully and within the law. We encourage you to ensure you understand and exercise your right to freedom of speech.
What does this mean for you?
As a student, you can:
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Share your views in class, online and in student spaces
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Take part in debates, events and peaceful protest
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Challenge ideas you disagree with
You should:
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Respect others’ right to disagree
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Stay within the law
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Avoid behaviour that could harm, harass or intimidate others
What is freedom of speech and academic freedom?
Freedom of speech means your right to express lawful views, opinions and ideas, even if others disagree with them or find them challenging. At university, this includes speaking in class, taking part in debates, sharing views online, and participating in events or demonstrations.
Academic freedom is a particular form of freedom of speech within universities. It protects the ability of students and staff to question ideas, test received wisdom, explore different perspectives, debate topics and put forward new ideas openly as part of learning, teaching and research. Academic freedom also means that academics exercising these rights cannot be adversely affected by losing their jobs, privileges or possible promotion.
| Freedom of Speech | Academic Freedom |
|---|---|
| Applies to everyone. | Applies specifically within teaching, learning and research. |
| Protects the right to express lawful views and opinions. | Protects the right to question ideas, test evidence and explore controversial topics in academic contexts. |
| Covers speech in class, online, events and demonstrations. | Covers academic discussion, teaching, learning and research activities. |
Why is this important?
The University of Portsmouth has a published Code of Practice on Freedom of Speech and Expression. In this Code of Practice, we recognise that ‘freedom of speech within the law has fundamental importance for universities as places of education, learning and the disinterested pursuit of truth’.
This explicitly acknowledges that universities exist to explore and advance knowledge and that this depends on the ability to discuss, debate and critically examine different perspectives. This includes perspectives that might be controversial, challenging and even offensive to some people.
The freedom to explore ideas in this way will help you to develop your views and test your thinking against the views of others. The ability to think critically and challenge opinions to test their robustness is a key life skill. Freedom of academic expression also supports innovation and social progress by allowing ideas to be debated openly.
FAQs
In the University’s Code of Practice we explain that freedom of speech includes but is not limited to ‘speeches, debates, meetings, demonstrations, written publications and through the use of social media’.
The University of Portsmouth is a community and we encourage everyone to express lawful views and engage in discussion respectfully, while recognising the rights of others to disagree and to express their own opinions.
We also recognise that freedom of speech is protected within the law. This means there are some types of speech that are not allowed.
The University has accepted within its Code of Practice, that prohibited speech includes the following:
a. incitement to riot or insurrection;
b. racial hatred, religious hatred, or sexual harassment;
c. any other activity which is likely to cause a breach of the peace or public disorder;
d. speech that increases the risk of an individual being drawn into terrorism; or
e. speech that is otherwise unlawful;
The University also has legal responsibilities under the Equality Act 2010 and the Prevent duty. These include the duty to:
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prevent discrimination, harassment and victimisation
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promote equality of opportunity
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foster good relations between different groups of people, including those with protected characteristics
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help prevent people from being drawn into terrorism
Disagreement is not the same as harm
At university, you may hear views you strongly disagree with. Feeling uncomfortable or challenged does not necessarily mean rules have been broken.
However, speech that targets individuals or groups in a harmful or unlawful way is not acceptable.
The University upholds the right of individuals within its community to protest peacefully and lawfully, on University premises. We encourage organisers to work with University teams in advance to:
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Keep protests safe
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Ensure they stay within the law
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Minimise disruption to others
If you are an UPSU affiliated society that wants to protest or organise a demonstration, you should approach UPSU who will work with the University to support this.
The Student Union has its own policies & processes on freedom of speech and freedom of academic expression. The University and Student Union work together to support your freedom of speech rights and help ensure your individual and collective voices are heard and understood. The two organisations have a Partnership Agreement that outlines our collective and individual responsibilities. The Student Union also have representation at every level of University management and governance.
The Office for Students (OfS) is the independent regulator for Higher Education and has published a short introduction to help students understand their free speech rights. It explains what students can expect from the University, when they can exercise free speech and will help you to understand when speech might be restricted. We encourage you to explore this resource as it will give you assurance that:
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‘All students are entitled to study in a culture that values debate and in which they can hold or discuss lawful views’.
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That there is very strong protection under the law for free speech in higher education and that we should all ‘have a high tolerance for all kinds of lawful speech’.
I find the limits to free speech confusing. Are there examples that might help me understand freedom of speech and freedom of academic expression?
Freedom of speech and freedom of expression are important parts of life at the University of Portsmouth, but they can sometimes be difficult to navigate in practice. Classroom and other discussion and debate can be challenging. Encountering protest or particular types of expression of ideas might prompt strong emotions. We must also acknowledge that between us we may disagree about what should or should not be said.
The scenarios below are designed to help you think about these complexities. They are fictional and designed to explore situations where the boundaries between lawful expression, respectful disagreement and unacceptable conduct may not always be immediately obvious.
Examples of where this is relevant
Scenario 1: Students expressing political opinions
During a seminar, a student states that they support a political party that argues immigration levels are too high. Several students disagree strongly and one complains to the lecturer afterwards, saying that the comments made them feel uncomfortable and unwelcome.
Does the student have the right to express this view?
Yes. Lawful political opinions are generally protected, even when others strongly disagree with them.
Is expressing a political opinion the same as discrimination or harassment?
No. Holding or expressing a political view is not, by itself, discrimination or harassment, although the way views are expressed can sometimes cross legal boundaries.
How should other students respond if they disagree?
Students should feel able to challenge ideas through evidence, discussion and respectful debate rather than seeking to silence opposing views. Being well prepared for classes, doing the set reading and thinking around the topic before a seminar can help you engage actively in debate.
What role should the lecturer play in managing the discussion?
The lecturer should facilitate respectful discussion, ensure all students can participate, and intervene if behaviour becomes disruptive or unlawful. You should feel able to ask your lecturer to suggest points of discussion on both sides of the argument and to recommend further reading.
At what point, if any, might the conversation become unacceptable?
Speech may become unacceptable if it involves harassment, discrimination, threats, intimidation, or other unlawful conduct.
Key Takeaway
We should recognise that lawful political opinions are generally protected, even when others strongly disagree with them. Feeling uncomfortable does not automatically mean speech should be restricted. Being well prepared for class will help you engage in debate and ensure your views are heard.
Scenario 2: Controversial views in assignments
A student working on a report asks for help to understand whether they might be penalised if they refer to positive qualities in historical dictators who have been responsible for genocides. The student wants to make the point that, while the dictator led a regime that committed atrocities, their own exercise of political power can be admired.
Does the student have the right to make this argument?
Potentially, yes. Students should generally be free to explore lawful and controversial arguments in academic work, including arguments that others may find deeply offensive.
Could the student be penalised simply for expressing this view?
They should not be penalised simply because a lawful argument is unpopular or offensive. However, academic work will normally be assessed against relevant academic criteria, such as evidence, reasoning and understanding of the subject. This means that although a student may be free to express their ideas, they have no right to receive academic credit for an unscientific or unevidenced argument.
Does making this argument mean the student supports the dictator or their crimes?
Not necessarily. Analysing or recognising a particular quality in a historical figure is not the same as endorsing that person, their regime or their actions.
Does the student need to consider the wider context?
Yes. A strong academic argument should not ignore relevant evidence or separate a claim from important historical context, including the atrocities committed by the regime.
What if other students or staff find the argument offensive or upsetting?
Strong emotions are understandable when discussing genocide and atrocity, but offence alone does not determine whether an academic argument is permissible. The way the argument is expressed, evidenced and contextualised matters.
Could the argument ever become unacceptable?
Yes. The position may be different if the work breaks the law or involves targeted harassment or other unlawful conduct.
What should the person advising the student do?
They should help the student strengthen and critically examine the argument, rather than approve or reject the viewpoint itself. The focus should be on evidence, reasoning, context and the academic requirements of the task.
Key Takeaways
Your university can protect your freedom to make a lawful argument without endorsing the argument itself. However, freedom of speech does not mean freedom from academic challenge: a controversial claim can be questioned rigorously and assessed against the same academic standards as any other claim.
Scenario 3: A Controversial View from an Academic
During a lecture on economic inequality, a lecturer argues that capitalism is fundamentally exploitative and says that the wealth of billionaires is built on the suffering of workers and poorer communities. They display an image of a prominent business leader with the words “Profiting from misery” and encourage students to consider whether extreme wealth can ever be morally justified.
Several students object. One student whose family runs a successful business says they feel personally attacked and stereotyped. Another complains that the lecturer is using their position of authority to promote a political ideology.
Does the academic have the right to express a strongly political or controversial view?
Potentially, yes. As you will have seen above, under Academic Freedom, your lecturers have important freedoms to explore and express lawful ideas, including views that students may find strongly objectionable or offensive.
Does the fact that students feel offended mean the material should be removed?
Not necessarily. Offence or discomfort alone does not usually make speech unlawful, and students may encounter challenging views as part of university study.
Does the academic’s position of authority make a difference?
This is an important question. The academic’s position of power can make a difference and academic freedom does not remove professional responsibilities. Your lecturers must consider the relevance of material, the way it is presented, and whether students are genuinely able to question or disagree.
Should students be able to challenge the academic’s views?
Yes. Students should be able to question the argument, present contrary evidence and express lawful opposing views without fear of unfair treatment or academic disadvantage.
What questions might students ask to challenge those views?
Students can ask about the alternative viewpoint, in this case perhaps to prompt a discussion about the exploitation and hardship associated with communist regimes or to discuss evidence that suggests capitalism raises standards of living.
They might ask the lecturer to explain the competing political theories on the topic, with recommendations of reading on both sides.
Importantly, students should be able to challenge the evidence using techniques that are familiar to both science, technology and social science subjects. Students should question the source of the evidence, i.e. where does the evidence come from, is it balanced, what is its bias? They should test the evidence: is the data accurate, is it contested? They should challenge the perspective: what changes if we look at this another way?
A different way of thinking about this is: ‘Who says? What proves it? What else?’
When might the academic’s behaviour become unacceptable?
The position may change if the academic targets or harasses individual students, treats students unfairly because of their views, or engages in other unlawful conduct. The precise boundary can depend on the facts and context.
Key Takeaways
Exploring views that are challenging is an important part of the educational experience. We must be mindful of the power imbalances that can exist in educational spaces and ensure that all views are heard. We must also ensure that our arguments are backed by evidence and expressed respectfully and in the spirit of academic debate.
Scenario 4: A Controversial Speaker on Campus
A student society invites a speaker to discuss various aspects of identity rights. Some students say they feel anxious knowing the event is taking place and argue that allowing the speaker onto campus creates an unwelcoming environment at the University. Another group of students argue that universities should be places where lawful ideas, including controversial ones, can be debated openly.
Should the speaker be allowed to speak?
Potentially, yes. Universities are expected to protect lawful freedom of speech, even where a speaker's views are controversial or offensive to some members of the community.
Does the fact that some students find the views offensive mean the event should be cancelled?
Not necessarily. Feeling offended or upset does not, on its own, make speech unlawful or require a university to prevent it.
Do students have the right to protest?
Yes. Students are free to express disagreement and to protest peacefully, provided they do not unlawfully prevent others from hearing the speaker or participating in the event. The University and the Student Union (UPSU) can assist in supporting both sides to ensure events and protests are conducted safely and respectfully.
What responsibilities does the University have?
The University should seek to protect lawful freedom of speech while also taking reasonable steps to ensure the event is safe, well managed and conducted respectfully.
What if students choose not to attend?
Students are not required to attend events they find distressing or objectionable. Choosing not to attend is one way of exercising personal choice while respecting the rights of others.
Could the event ever become unacceptable?
Yes. The position may change if speech becomes unlawful, for example by inciting violence, amounting to unlawful harassment, or otherwise breaking the law. The University's role is to assess these issues carefully, rather than simply determining whether a view is controversial.
Key Takeaways
Our personal identities are very important, and we should all respect the rights of individuals to express themselves. Freedom of speech rights can be very supportive of our freedoms and at the same time be very challenging to our identities and lived experience. However, those freedoms must be upheld equally. This means protecting the right to express lawful views that others strongly disagree with. At the same time, everyone has the right to express disagreement, ask challenging questions and protest peacefully.
Scenario 5: Different Laws and Different Perspectives
An international student joins a cultural society on campus. During a meeting, they display a flag and wear a badge associated with a political movement from their home country. In their country, the movement is widely recognised as a legitimate political organisation. However, another student explains that the organisation is viewed very differently in the UK and that some associated activities or expressions of support may have legal implications.
It is also noted that, in some cases, UK law restricts support for certain organisations, regardless of their status in other countries.
The student is surprised and says, "This is completely normal where I come from. I didn't realise the rules were different here."
Does the student have the right to express political views from their home country?
Yes. International students have the same rights to lawful freedom of speech and expression as all other students while studying in the UK.
Does the fact that something is lawful in another country mean it is lawful in the UK?
No. Students studying in the UK are expected to follow UK law, even where it differs from the laws or customs of their home country.
Is it reasonable that the student did not know the UK rules?
Yes. Students arrive from many different legal, political and cultural backgrounds, so it is understandable that they may not immediately be familiar with UK law or expectations.
What should the student do if they are unsure whether something is appropriate or lawful?
They should seek advice from the University or Students' Union before organising an event, displaying political material or taking part in activities they are unsure about.
How should other students respond?
Where possible, they should explain the UK context respectfully and avoid assuming that a lack of awareness means there was harmful intent.
What responsibilities does the University have?
The University should help students understand their rights and responsibilities in the UK, provide clear guidance, and respond proportionately if misunderstandings arise.
Key Takeaways
Universities are international communities. Students bring different experiences and perspectives, but everyone shares the responsibility to understand and follow UK law while respecting the rights of others.
Scenario 6: Controversial Views on Social Media
A student posts a controversial but lawful political opinion on their personal social media account. The post argues that the UK should stop all welfare support for long-term sickness as a way of forcing people into employment and reducing strain on the economy. The post has attracted a large number of comments, both supporting and criticising the student's views.
Another student sees the post, takes screenshots and shares them with others on campus. They argue that the views are offensive and make some students feel unwelcome. They contact the University and ask that disciplinary action be taken against the student who made the post.
The student who wrote the post replies that they expressed a lawful political opinion on a personal social media account outside the University and believes they are being targeted simply because others disagree with their views.
Does the student have the right to express a lawful political opinion on a personal social media account?
Potentially, yes. Students have the same rights to lawful freedom of expression online as they do offline, although those rights are not unlimited. However, we should all be aware when exercising our rights to free speech on social media that we cannot control how others might use our post or the comments they might make.
Can the University discipline a student simply because others disagree with their political views?
Generally, no. A lawful opinion would not normally justify disciplinary action simply because it is controversial or unpopular.
Does the fact that the post was made outside the University mean the University has no interest in it?
Not necessarily. Universities may need to consider off-campus behaviour where there are genuine concerns about misconduct, safety or breaches of University policies, but context is important.
Do other students have the right to criticise or challenge the post?
Yes. Freedom of expression includes the right to disagree, respond and express opposing viewpoints lawfully.
It is worth remembering that your critiques might be guided by the same methodologies, practices and calls for evidence that are used in your studies. As above, a shorthand for this is ‘Who says? What proves it? What else?’ However, the environment on social media is quite different from the environment on campus and not all engagements online will observe such etiquette or be based on clear evidence or analytical rigour.
What if the post makes some students feel offended or upset?
Strong emotions are understandable, but offence alone does not necessarily mean that speech is unlawful or that disciplinary action is appropriate.
Could the situation ever become unacceptable?
Yes. The position may be different if the post includes unlawful harassment, threats, incitement to violence, or other conduct that breaches the law or University policies.
Key Takeaways
Freedom of expression protects the right to hold and express lawful opinions, including online. It also protects the right of others to disagree, challenge and debate those opinions. Some forms of online anonymity might tend to encourage poor behaviour but, as a community, UoP staff and students should engage in respectful debate.
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