Securing free speech

The Act defines freedom of speech as: ‘the freedom to impart ideas, viewpoints or information (referred to in Article 10(1) of the European Convention on Human Rights (“the Convention”) as it has effect for the purposes of the Human Rights Act 1998) by means of speech, writing or images (including in electronic form).’ This right includes freedom of artistic expression, such as a painting or the production of a play.

Article 10(1) of the European Convention on Human Rights

This states that:

1. 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.
2. 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.

Academic freedom

The Higher Education (Freedom of Speech) Act 2023 also defines ‘academic freedom’ as academic staff’s freedom within the law:

1. to question and test received wisdom, and
2. to put forward new ideas and controversial or unpopular viewpoints
   
   

   without placing themselves at risk of being adversely affected in any of the following ways:

3. loss of their jobs or privileges at the provider;
4. the likelihood of their securing promotion or different jobs at the provider being reduced.