Freedom of Speech Code of Practice

1. Introduction

1.1 The Liverpool School of Tropical Medicine (LSTM) affirms that the pursuit of knowledge lies at the heart of its mission. Free speech and academic freedom are foundational to this purpose. Without them, there can be no innovation, no robust debate, and no meaningful progress. These freedoms ensure that even established ideas remain open to challenge, critique and refinement, safeguarding against what John Stuart Mill termed ‘dead dogma.’ LSTM is therefore committed to upholding, promoting and protecting freedom of speech and academic freedom across its community.

1.2 This Code of Practice sets out LSTM’s values and expectations regarding freedom of speech and academic freedom. It also establishes the procedures to be followed when organising meetings and other relevant activities, and clarifies the rights and responsibilities of all staff, students and visitors. In doing so, it ensures alignment with relevant legal obligations, including the Education (No. 2) Act 1986 and the Higher Education (Freedom of Speech) Act 2023. Central to this is a strong presumption in favour of permitting lawful speech, even where topics may be difficult, contentious or discomforting, recognising that higher education must be a space for open, critical and inclusive debate.

2. Scope

2.1 This Code applies to all members of the LSTM community[1], including:

  • Staff (including, but not limited to, employees, temporary workers, consultants, contractors, agents, directors and trustees)
  • Members of LSTM[2]
  • Students
  • Visiting speakers, guests and visitors
  • External individuals or organisations utilising LSTM premises

2.2 The provisions of this Code extend to all LSTM-controlled premises[3], including virtual environments and any events or activities conducted under the auspices of LSTM, whether on or off-campus.

2.3 Freedom of Speech: Where this Code refers to freedom of speech, this means freedom of speech within the law. LSTM upholds and actively promotes the right to freedom of expression and to impart ideas, opinions or information through all methods of communication and expression, provided such expression does not contravene the law. This includes prohibitions against hate speech, incitement to violence, and other unlawful activities. Further legislative and regulatory context can be found under section 4 of this Code. LSTM has a duty to take steps that, having regard to the importance of freedom of speech, are reasonably practicable for it to take to secure freedom of speech within the law.

2.4 Academic Freedom: Academic staff have the freedom to question, and test received wisdom and to put forward new ideas and controversial or unpopular opinions without placing themselves at risk of losing their jobs, being disadvantaged, or their chances of receiving a promotion or securing a different job within LSTM being reduced. This includes individuals who apply to become a member of LSTM academic staff.

3. LSTM’s values and expectations

3.1 LSTM is an institution dedicated to open critical thinking, curiosity, and the advancement, sharing and dissemination of knowledge through research, teaching and knowledge application in the fields of tropical medicine. We have a global community of students and staff and are committed to securing and ensuring lawful freedom of speech and academic freedom for this community to foster new ideas, support productive debate and raise challenge to conventional wisdom.

3.2 Respect and Tolerance: While individuals are free to express their views within the law, LSTM expects all members of its community to engage in discourse respectfully, acknowledging and being sensitive to the diverse backgrounds and perspectives of others.

3.3 Promotion of Free Speech: LSTM is committed to ensuring that freedom of speech and academic freedom is protected for all its members within the bounds of the law, including views that may be controversial, contested or unpopular. The Act protects free speech within the law. It does not protect unlawful speech. The Act requires providers and constituent institutions to take reasonably practicable steps to secure free speech within the law for their students, staff and members and for visiting speakers. This is essential to creating a critical and open academic environment. LSTM will take steps to ensure that exchanges are made in a peaceful and respectful manner and will promote awareness and understanding of the importance of free speech and academic freedom across its community, including through events, training, and resources.

3.4 Prohibition of NDAs in Misconduct Cases: LSTM does not use non-disclosure agreements to prevent individuals from speaking about experiences of sexual misconduct, bullying, harassment, or discrimination. LSTM encourages members of its community to report such experiences in line with its policies and procedures so that appropriate support can be provided and action taken as required.

4.Legislative and Regulatory Context

4.1 LTSM is required to take reasonable, practical steps to ensure that freedom of speech is within the law. Universities in England are subject to a number of legislative and regulatory duties in relation to free speech, including:

  • The Education Act (No.2)1986 - Section 43 – universities have 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.
  • Human Rights Act 1998 incorporates Article 10 of the European Convention of Human Rights and includes the right to freedom of expression, which includes freedom of speech.
  • Education Reform Act 1998 Section 202 relates to academic freedom.
  • Higher Education (Freedom of Speech) Act 2023.
  • The Office for Students (OfS), through its Regulatory Framework, requires English universities to comply with a set of public interest governance principles, including freedom of speech and academic freedom. The Framework regulates free speech and academic freedom by means of Conditions E1 (public-interest governance) and E2 (management and governance).

4.2 There are a number of further duties that universities must consider to ensure that freedom of speech is carried out ‘within the law’, as freedom of speech is not absolute and can be restricted:

  • Freedom of speech is not protected when done in the course of committing a criminal offence (e.g. speech that incites violence, promotes terrorism, or incites hatred based on protected characteristics (such as race or religion) is not protected by the right to freedom of expression. The Terrorism Acts 2000 and 2006 and the Public Order Act 1986 are examples of legislation that restrict freedom of speech in these specific contexts.)
  • The Public Sector Equality Duty (PSED) under Section 149 in the Equality Act 2010 requires that universities “have due regard” to the need to eliminate discrimination, harassment, victimisation, and to advance equality of opportunity and foster good relations between people 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 ‘Prevent’ duty (Counter-Terrorism and Security Act 2015) required universities “to have due regard” to the need to prevent people from being drawn into terrorism.

4.3 LSTM will be mindful of the different responsibilities and duties when balancing these obligations and making any decisions in relation to free speech.

5. Procedures for Organising Meetings/ Events / Speakers / Demonstrations

5.1 LSTM is committed to fostering an environment where members of its community can engage with a broad spectrum of perspectives and exercise their lawful right to freedom of expression, including diverse ideas, opinions, and information.

5.2 LSTM is committed to ensuring that freedom of speech within the law and to support the use of its premises by any individual or body without inappropriate restrictions on their ideas, opinions, policies, or objectives.

5.3 LSTM reserves the right to assess such meetings / events / activities prior to agreement that it can go ahead, in line with the External Speaker Guidelines.

5.4 LSTM will not refuse or cancel any meeting, event, or activity protected by lawful freedom of speech solely on the grounds of protest or objection. However, in circumstances where significant objections raise genuine safety concerns, LSTM may consider relocating, rescheduling, or taking other reasonable steps to ensure appropriate safety measures are in place, while continuing to support the exercise of lawful free speech.

5.5 The detailed procedure to be followed by staff / students / organisers of events / meetings or any such activity broadly related to LSTM’s academic life can be found in the External Speaker Guidelines.

6. Responsibilities

6.1 Organisers of Events: Individuals or groups organising events under LSTM's auspices must ensure that:

  • Events are conducted lawfully in line with LSTM’s legal / statutory duties and in accordance with this Code.
  • Appropriate risk assessments are completed.

6.2 Attendees and Participants: All attendees are expected to:

  • Respect the rights of others to express their views.
  • Refrain from actions that would impede the lawful expression of others.

6.3 LSTM Management: LSTM will:

  • Provide clear procedures for the organisation of events.
  • Offer guidance and support to ensure compliance with this Code.
  • Take appropriate action in response to breaches of this Code.

7. Procedures for Organising Meetings/ Events / Speakers / Demonstrations

7.1 Notification: Organisers must notify LSTM of any planned events involving external speakers at least 15 days in advance.

7.2 Assessment: LSTM will assess the proposed event to determine:

  • Compliance with legal obligations.
  • Potential risks and necessary mitigations.
  • Estimated security costs (see section 8 below).

7.3 Decision: LSTM reserves the right to:

  1. Approve the event as proposed.
  2. Approve the event with conditions (e.g., security measures).
  3. Decline the event if it contravenes LSTM’s legal / statutory duties.

8. Security Costs for Events

8.1 Apart from in exceptional circumstances, LSTM will assume the security costs associated with events held on its premises.

8.2 Exceptional circumstances will be determined based on a clear, objective, and neutral assessment of risk. In line with paragraph 183 of the OfS guidance, the following factors will not be considered relevant when assessing whether to charge for security:

  • The ideas or opinions expected to be expressed at the event.
  • The policies or objectives of the organisers or participants.
  • The likelihood of protest or opposition to the event.

8.3 Security costs will be discussed at the point of the event, and costs, depending on value, will be shared. Where exceptional circumstances apply and estimated security costs exceed a reasonable threshold, LSTM will absorb initial costs and may pass on any remainder to the event organiser(s). Security costs should not routinely fall on organisers and are expected to remain within the absorbed threshold in most cases.

8.4 In such cases, LSTM will provide the organiser(s) with a clear, timely written explanation of the cost calculation and the reasons for the charge.

8.5 This policy will be applied consistently across all events. Event organisers may appeal any decision to charge security costs through the process outlined in Section 7 of this Code.

9. Expected Conduct for Freedom of Speech Within the Law

9.1 Responsibility: The University expects all its members subject to this Code to uphold the values of free speech across all its activities. This is critical for creating and open and curious academic environment where individuals feel able to express ideas, views, and thoughts freely and engage in meaningful learning, critical analysis and debate. Members are responsible for expressing themselves in a lawful manner and for not disrupting, obstructing, or impeding other individuals’ lawful expression.

9.2 Reporting: LSTM will take all reasonably practicable steps to prevent unlawful and/or obstructive behaviour. In the event that there is an alleged breach of this Code, this should be reported to the Academic Registrar.

9.3 Investigation: Alleged breaches relating to the conduct of LSTM staff or students will be investigated promptly, following LSTM's established disciplinary procedures. This may include action being taken under the Staff Disciplinary Policy or the LSTM Student Disciplinary Code.

9.3 External Parties: LSTM may involve and assist external authorities if the breach involves unlawful activity.

10. Complaints and Appeals

10.1 Appeals: Decisions made under this Code and related procedures can be appealed through submitting an appeal in writing within 10 working days of receiving the outcome to the PVC Education. Appeals will only be accepted based on the following grounds:

  • There has been a procedural error/ unfairness at the formal consideration stage.
  • New evidence is available, which the complainant could not reasonably have been expected to produce during the formal investigation stage.
  1. 2 Complaints: Individuals who believe their freedom of speech has been unjustly restricted may file a complaint through LSTM's Freedom of Speech Complaints Procedure. If unresolved, complaints by students may be escalated to the Office of the Independent Adjudicator (OIA), and complaints by all other individuals may be escalated to the Office for Students (OfS), as provided under the Higher Education (Freedom of Speech) Act 2023.

11. Review and Monitoring

11.1 This Code will be reviewed annually to ensure its effectiveness and compliance with legal obligations.

11.2 Feedback from the LSTM community will be considered in the review process. In line with the Higher Education (Freedom of Speech) Act 2023, LSTM will highlight its duty to take steps to secure freedom of speech, as well as highlighting this Code, to all students and staff at least once a year.

11.3 Training: LSTM will provide adequate training and resources to staff and students to enhance understanding and application of freedom of speech and academic freedom principles.

11.4 Policy Integration: LSTM will ensure that this Code is aligned and coherent with other institutional policies, including those on harassment, equality and diversity, and student and staff conduct.

[1] The guidance applies to Higher Education providers and their constituent institutions in England.

[2] This does not include a person who is a member of LSTM solely because of having been a student of LSTM.

[3] This guidance applies to registered higher education providers and their constituent institutions in England. It does not apply to campuses or institutions located outside England. However, LSTM will consider how overseas arrangements (like partnerships or funding from foreign governments) might affect freedom of speech on English campuses, and to take reasonably practicable steps to mitigate risks.