Free speech – a guide for students
Regulating or restricting speech
Lawful and unlawful speech
Speech is permitted unless the law restricts it. Different pieces of legislation could lead to these restrictions.
Some of these include:
For further information about lawful and unlawful speech, see our full guidance for universities and colleges.
Essential functions
A university or college may also need to consider whether to restrict speech if it interferes with its essential functions.
These functions include:
- learning
- teaching
- research
- administration necessary for the above.
Restrictions for these reasons should, wherever possible, restrict the time, place and manner of the speech rather than the views expressed.
For instance, this may mean that protesters with a lawful point of view can be stopped from intruding into classrooms if they are going to disrupt a lecture or tutorial. However, it may be less likely that they can be stopped from (for instance) setting up stalls or handing out leaflets in an open space outside any classroom, if this does not disrupt teaching, learning or research.
In the example above, the university could, for example, offer the protesters an alternative space that does not affect its essential functions.
Physical safety
A university or college may also need to consider whether to restrict speech if it has a concern about physical safety.
If speech could lead directly to a specific danger, then it may not be permitted or a university or college may need to restrict how, when or where the speech occurs.
If, for example, a controversial speaker invited to speak at a university has received credible threats on their life, the university could consider hosting the event online rather than in person and limiting who can attend.
Factors that are not relevant
Other factors are unlikely to be relevant to whether a university or college can restrict speech. For example the viewpoint that the speech expresses. This includes whether or not the viewpoint:
- reflects the values of the university or college
- is controversial or offensive
- meets with the approval of external or internal groups at the provider.
Any impact the speech might have on the university or college's reputation would not usually be a reason for it to restrict the speech.
New regulatory requirements to prevent and address harassment and sexual misconduct
From 1 August 2025, we are also introducing new regulatory requirements on universities and colleges to prevent and address harassment and sexual misconduct.
This means that your institution must have clear, accessible information on how it handles all forms of harassment. This includes how to report an incident, what support is available, and how cases are investigated.
Your institution must also take credible steps to prevent harassment. This may include working with students and their representatives when developing policies and procedures to ensure that they are appropriate for your institution’s particular student population. It may also include inviting students to provide feedback on the steps their institution proposes to take to protect students from harassment.
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