The University of Cambridge has issued new rules on protecting freedom of speech on campus.
The institution said it had introduced them despite the Government shelving a new law aimed at tackling cancel culture at universities.
Cambridge said in its updated code of conduct that the university is “fully committed to the principle and to the promotion of freedom of speech” for staff and students.
The language used mirrors that of legislation put in motion by the Conservative government, under which universities, colleges and student unions in England would have a legal duty to promote free speech.
Last month, Labour shelved the planned legislation days before it was due to come into force.
Bridget Phillipson, the Education Secretary, said she will now consider repealing it.
Cambridge said its new code of practice “applies with effect from August 1, 2024, despite [the new plans] to stop further commencement of the Higher Education (Freedom of Speech) Act 2023”.
Universities UK, which represents more than 140 British universities, said the legislation would have “strengthened” the current law, which requires institutions to protect free speech and academic freedom, but not to actively promote them.
The new free speech law would also have meant more robust protections for visiting speakers.
Arif Ahmed, a former Cambridge professor and the first ever government free speech tsar, had spent a year designing a new complaints scheme which would have allowed visiting speakers to lodge appeals if they were “no-platformed”.
Cambridge’s new code of conduct will ensure visiting speakers are allowed to express “controversial or unpopular views” within the law and that “protest must not shut down debate”.
The Russell Group university also said it would consider covering security costs for any controversial speakers.
It insisted events would still need to be within the law, and that Cambridge would not provide a platform for hate speech.
Cambridge said other elements of its free speech plans had been “paused pending further clarity” following the Education Secretary’s decision to halt the new legislation.
The university will also consider “whether any changes already implemented should be amended”.
Other universities have also committed to strengthen free speech protections despite ministers shelving the Act, which was a flagship policy of the previous Conservative government.
It was introduced after a series of rows over the so-called cancellation of academics and students over their views. They include Dr Kathleen Stock, a philosophy professor, who resigned from Sussex University in 2021 after what she described as a witch-hunt over her views on transgender issues.
The University of Birmingham implemented a new free speech code based on the Act in April and has not withdrawn it, despite the legislation underpinning it no longer being in force.
Birmingham said it would also actively promote free speech on campus, and would ensure strengthened protections for controversial visiting speakers.
It said: “Universities do not function in a vacuum, and wider conflicts and disputes involving, for example, ethnicity, religion or belief, personal identity or political convictions, sometimes find expression on campus amongst the student and staff body.
“It is not the role of the University to protect or shield people from ideas or opinions with which they disagree, or which make them feel uncomfortable.”
The fellow Russell Group university also said it would teach students and event participants to “disagree well”, although it insisted the campus was not a “public square” where all voices were automatically given a platform.
Almost 450 academics have now signed a letter calling on Ms Phillipson to reinstate the “vitally important piece of legislation” on free speech.
It said: “Free speech duties on universities have long been neglected, despite being enshrined in law” and that it was wrong to suggest “there is no ‘free speech problem’ in UK universities”.
Hundreds have been hounded, or even sacked
The letter said: “Hundreds of academics and students have been hounded, censured, silenced or even sacked over the last 20 years for the expression of legal opinions… This state of affairs has serious consequences for all of us.”
Ms Phillipson insisted last month that her decision to pause the new free speech laws would save universities from costly legal action. She said the legislation could have also created a platform for hate speech on campus that would disproportionately impact some groups such as Jewish students.
In a letter to MPs, the Education Secretary said many universities “felt that the burden that the Act would impose was not outweighed by the issues it intended to solve”.
Ms Phillipson also said that “for too long, universities have been a political battlefield”.
A spokesperson for the University of Cambridge said: “The university’s code of practice on freedom of speech amalgamates and updates several pre-existing university documents and policy statements on free speech.”
“The code now clearly sets out in one place the university’s commitment to freedom of speech and how to manage processes surrounding it. It was approved via the university’s democratic body, the Regent House, in June and came into effect on 1 August 2024 as had been proposed.”
A spokesman for the University of Birmingham said: “The University has a longstanding and firm commitment to freedom of speech within the law, and actively encourages discussion, debate and sharing of a range of views and perspectives.
“The code was most recently updated in April 2024. In light of the Government’s pausing of the commencement of the legislation, we will consider whether any further updates are required to the Code to reflect this change.”
Bridget Phillipson, the Education Secretary, said:“We are absolutely committed to freedom of speech and academic freedom, but the Free Speech Act introduced last year is not fit for purpose and risked imposing serious burdens on our world class universities.
“This legislation could expose students to harm and appalling hate speech on campuses. That is why I have quickly ordered this legislation to be stopped so that we can take a view on next steps and protect everyone’s best interests, working closely with a refocused Office for Students.”
