Freedom of expression – what about my right to free speech?

Are your staff clear on who has the right to say what? Would they know how to respond if someone says something they deem offensive but justifies it by saying that they have the right to free speech? Are you aware of recent guidance published by the Equality and Human Rights Commission?

Following the recent tragic deaths in Paris, there has been considerable debate both nationally and internationally about free speech.

The right to not be tortured is an absolute right protected by the Human Rights Act 1998 by Article 3 of the European Convention on Human Rights. There are no circumstances where torture can be justified.

Article 10 of the convention identifies freedom of speech under the Human Rights Act as a fundamental right; protection extends to expression of views that may shock or disturb or offend the deeply held beliefs of others. But unlike torture, freedom of expression is not an absolute right; it can be restricted in certain circumstances. For example, the right does not permit people to incite violence or hatred against other persons or groups, particularly in relation to their race, religious beliefs, gender or sexual orientation

Sometimes it is hard to identify the boundary between expressing intolerant or offensive views or offensive remarks and hate speech. A number of factors are likely to be relevant, including the intention of the person making the statement, the context in which they are making it, the intended audience, and the particular words used.

The Equality and Human Rights Commission (EHRC) has published new legal guidance on freedom of expression. The new guidance aims to help address the misunderstanding around specific areas of Britain’s laws on freedom of expression and help public bodies such as colleges and universities navigate their way through this complex legal area. You can download the guidance here

The EHRC has also published guidance on equality and Human Rights law during an election period. Although the guide is designed for local authority senior managers and political partners, there is a section on freedom of expression that may be of interest to college staff. In this section, the EHRC explains the restrictions on freedom of expression prescribed by law. You can read the guidance here

My equality news update this month also reports on research published by the Equality and Human Rights Commission on freedom of expression in relation to religion and belief. You can jump to this article here