1. Code of Practice: Principles

1.1 Imperial is committed to upholding and promoting the fundamental rights of lawful freedom of speech together with academic freedom. These freedoms underpin our essential purpose of inquiry and action through which we seek to maximise Imperial’s potential as a force for good in the world, as outlined in our Strategy: Science for Humanity. We support the view of the European Convention on Human Rights that freedom of expression constitutes one of the essential foundations of a democratic society. Since our founding in 1907, our students, staff and partners have come together to interrogate the forces that shape our world in order to use that understanding to tackle the greatest challenges facing humanity. As an institution of higher education, we encourage all members of our community to engage in rigorous and challenging debate within the law. We will take all reasonable steps to ensure that members of our community can express their lawful views on our campuses and as set out in this Code.

1.2 The purpose of the Freedom of Speech Code of Practice (“Code”) and Events Procedure is to ensure that, as far as reasonably practicable, freedom of speech within the law is secured for students and staff of the University and visiting speakers, and that academic freedom within the law is secured for academic staff of the University. The Code and Events Procedure apply to all staff, students, honorary staff, visitors and authorised external speakers.

1.3 The University has adopted this Code to ensure that it acts in accordance with the enhanced duties imposed upon it by Higher Education and Research Act 2017 and the Higher Education (Freedom of Speech) Act 2023.

1.4 Our values relating to freedom of speech and academic freedom are fundamental to Imperial’s mission. The University:

• • encourages members of its community, including staff, students and visiting speakers, to express themselves freely within the law and to hold their own opinions, even if their views might be offensive, contested or controversial;
  • expects members of its community to be respectful of others and demonstrate mutual tolerance of those with different views;
  • recognises that free speech is not an unqualified right and must operate within the law.

1.5 Imperial will ensure that its teaching, curriculum, policies and procedures reflect its duties to ensure, so far as is reasonably practicable, freedom of speech and academic freedom within the law and the very high level of protection for the lawful expression of viewpoints and for speech in an academic context.

1.6 To support our values relating to freedom of speech and academic freedom, staff and students are expected to familiarise themselves with this Code (and the Events Procedure where needed) and relevant codes, policies and procedures of the University.

1.7 Speech is permitted unless it is restricted by law. Examples of illegal speech include expressing support for proscribed terrorist organisations, expression of views which stir up racial or religious hatred, or which incite to violence or public disorder, or cause harassment, or unlawful discrimination. Our legal responsibilities with regard to tackling discrimination and harassment are largely determined by the Equality Act 2010, which identifies nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The Equality Act requires public sector bodies to have due regard to the need to:

• • eliminate unlawful discrimination, harassment and victimisation;
  • advance equality of opportunity between people who do and do not share a protected characteristic;
  • foster good relations between people who share a protected characteristic and those who do not share a protected characteristic.

In accordance with Article 10(2) of the European Convention on Human Rights, lawful free speech may be restricted when this is necessary to protect the rights of others. Whether speech (or other expressions, such as signs), are likely to be unlawful is often a question of judgement and will be context specific.

1.8 Except where expressly agreed by the Council in line with advancing the University’s charitable objects (as defined in the University Charter), the University does not take an institutional position on political, cultural and religious debates to ensure that individuals are not discouraged from expressing themselves freely within the law.

2. Scope

2.1 The Code is applicable to all live and recorded activities, including events, meetings and all education and research activities, that are held, endorsed, organised, funded or branded by the University or by individuals, groups or societies using the name of the University, or that use University managed spaces or digital platforms, whether or not they involve an external speaker.

2.2 The Code makes particular provision in respect of activities such as meetings and events. These are provided in Section 5 of the Code.

3. Definitions

3.1 In the Code and Events Procedure, the following definitions apply:

Academic Freedom: the concept as broadly defined in sections VI and VII of Recommendation concerning the Status of Higher Education Teaching personnel adopted by the General Council of the United Nations Educational, Scientific and Cultural Organisation (UNESCO) on 11 November 1997 (as set out in the Appendix to Imperial’s Ordinances); and protected in law, as in the Higher Education & Research Act 2017, so that academic staff are free within the law—

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

without placing themselves at risk of being adversely affected through loss of their jobs or privileges by the university and/or the likelihood of their securing promotion or different jobs at the University being reduced.

Event: any activity or activities organised by students or staff of Imperial whether they are held in any venue or location in the UK for which Imperial is directly responsible, permanently or temporarily, on University premises, external premises (including outdoor spaces), or virtual spaces on any Imperial provided online platform (such as Teams or Zoom when using Imperial log in details). This includes events organised on an Imperial campus by third parties e.g. those using the space on a commercial basis. The Code applies equally to events (and associated advertising communications) where external speakers are present and those where no external speakers are present. This includes:

• Debates, speeches, talks, public meetings;
• Receptions, seminars, lectures, exhibitions;
• Protests, demonstrations, rallies.

Event Organiser: the individual responsible for the on-campus, off-campus or online event being organised.

Event Request Form: the formal record to be completed for each Imperial event where the conditions in paragraphs 6-7 apply.

External speaker: an individual or organisation who has been invited to speak at an event who is not a current student, staff member or honorary staff member at Imperial College London or the Imperial College Union.

Free Speech duties: the duties under Part A1-A3 of the Higher Education and Research Act 2017 including the duty on governing bodies of higher education providers to take reasonably practicable steps to secure free speech within the law and the duty to promote the importance of freedom of speech and academic freedom.

Visitor(s): an individual or organisation invited to Imperial who is not a current student or staff member at Imperial College London or the Imperial College Union. This may include visiting researchers, visitors from partner organisations and consultants.

Working day: Monday to Friday not including bank holidays or University Closure Days.

4. Interaction with other policies and procedures

4.1 This Code will apply to the procedures to be followed by staff and students when organising any activities that support academic life, whether those activities take place on or off campus.

4.2 This Code and the requirement to have particular regard to the importance of free speech must be considered in the implementation of all other codes, policies and procedures of the University.

5. Events Procedure: Principles

5.1 Everyone has a right to free speech within the law. It is essential to Imperial’s mission that opportunities for free and open discussion shall be safeguarded and staff and students should be exposed to the widest possible range of views. Protest is itself a legitimate expression of freedom of speech. However, protest must not shut down debate or obstruct the ability of others to exercise their lawful freedom of speech.

5.2 The starting point should always be that an event should go ahead and that cancellation is exceptional and undesirable. So far as is reasonably practicable freedom of speech within the law will be secured for students and staff of Imperial, and for any visiting speakers. Where events are held – whether or not visiting speakers are involved - approval for events will not be denied to any individual or body of persons proposing to hold a lawful meeting on the basis of:

• The ideas or opinions of that individual or that body;
• In relation to a body, its policy or objectives or the ideas or opinions of any of its members.

This includes the legal expression of any viewpoint by any speaker, in response to objections or protests, however widespread.

6. Application of the Event Procedure

6.1 The Events Procedure applies to events as defined above. For events being organised by a student, student group or staff member within the Imperial College Union (ICU), the ICU Events Process must be followed. If an event organised by ICU members is to take place on the University’s premises (including outdoor and online spaces), the event will be subject to Imperial’s Freedom of Speech Code of Practice.

 6.2 By the authority of the Council of Imperial, the Procedure set out below must be followed by students and staff of Imperial in respect of:

• Events falling within those defined in section 3 and where any of the circumstances listed below apply:

Any event where there is a real likelihood that speakers and other participants may:

• not be able to enter or leave the premises safely, and/or
• breach the law as described in paragraph 1.7 or otherwise and/or be unable to deliver speeches and participate in debate or discussion in good order, and/or
• that a breach of the peace may occur.

Infringements of or departures from the procedures in whatever respect may render those responsible liable to disciplinary proceedings.

6.3 Imperial in establishing the Events Procedure appoints the Deputy University Secretary and General Counsel on its behalf to ensure that, as far as is reasonably practicable, all students and staff of Imperial, visiting speakers and members of the public comply with the provisions of this Code.

6.4 Rooms and lecture theatres in Imperial buildings may be booked for events through various routes. If a self-service booking is made for an event that falls within the circumstances outlined in paragraph 6.2 above, the event organiser has a duty to comply with the Events Procedure, including completing the Event Request Form.

6.5 The booking of outdoor spaces on Imperial campuses can be made via the Community Safety and Support Team by emailing: security.control@imperial.ac.uk. As is the case for all events taking place on Imperial premises, if the event falls within the circumstances outlined in paragraph 6.2 above, the event organisers for outdoor events shall ensure that at least ten working days’ notice of the proposed event is given via the Event Request Form (see Section 5).

6.6 In the case of rooms in the Union Building, bookings are normally made direct through the Imperial College Union Office. A booking for an event requested by staff or students of Imperial will generally be accepted if the invitation is made by:

• An Imperial-based club, society or project recognised by Imperial College Union; or
• A body otherwise recognised by the University or approved by a Head of Department or Deputy University Secretary and General Counsel.

6.7 Imperial has sole discretion about the acceptance of any booking requested by an outside organisation or a body that is not recognised by the University or Imperial College Union.

7. Completing the Event Request Form

7.1 Organisers of an event which falls within the circumstances set out in 6.2 should complete the Event Request Form, referring the request to the Deputy University Secretary and General Counsel. The organiser(s) shall ensure that a single person is appointed as principal organiser of the event for the purposes of the referral.

7.2 The Event organiser shall ensure that at least ten working days’ notice of the proposed event is given to the Deputy University Secretary and General Counsel as the Council's appointed officer. This is to ensure that appropriate risk assessments can be undertaken. Notice shall be provided via the Event Request Form.

7.3 Within five days of receiving such notice, the Deputy University Secretary and General Counsel (or their delegate), will provide written confirmation that either grants or withholds approval for the event; approval may be conditional, e.g., stipulating that the event shall take place in premises other than those proposed by the principal organiser. Events which fall within the scope of paragraph 6.2 shall be the subject of consideration by the Deputy University Secretary and General Counsel for decision. Only in exceptional circumstances, when there is a significant risk that the event will infringe the legal rights of others or breach legal requirements or the event organiser refuses to meet any conditions imposed, will approval be withheld.

7.4 Permission to hold an event may be granted subject to such mitigations as the Deputy University Secretary and General Counsel (or their delegate) considers reasonably necessary to secure the fulfilment of the University’s statutory responsibilities concerning the protection of freedom of speech within the law.

7.5 The principal organiser and every other person concerned with the organisation of any event for which permission has been granted shall be required to comply with any and every mitigation stipulated by the Deputy University Secretary and General Counsel under the provisions of this Code and Procedure.

7.6 Organisers are expected to comply with the Freedom of Speech Code of Conduct and Events Procedure. The chairperson of the event should secure as far as possible that both the audience and any speakers act in accordance with the law during the event. In cases of potentially unlawful conduct the chairperson should give appropriate warning and in cases of continuing potential unlawfulness to require the withdrawal or removal of the person(s) concerned by the stewards or security staff, or to close the event and to call the police as necessary; or, in the case of a virtual event held on an online platform, to remove the person(s) concerned from the Chat and/or the Call. If a speaker is subsequently found to have broken the law during an event, it is the speaker who is culpable for doing so.

7.7 The mitigations prescribed by the Deputy University Secretary and General Counsel (or their delegate) may include mitigations concerning admission or exclusion of press, television or broadcasting personnel.

7.8 In addition to the mitigations set out in the guidance notes, the Deputy University Secretary and General Counsel (or their delegate) has discretion to stipulate further mitigations, if appropriate, dependent upon the size of the event and potential impact on safety, security, operations. For example, the event may be designated public because of attendant circumstances (which would permit a police presence); arrangements may be made for Imperial staff to be responsible for all security arrangements connected with the event and to appoint a member of staff as “controlling officer” for the occasion. If not satisfied that adequate arrangements can be made to maintain good order, the Deputy University Secretary and General Counsel may refuse or withdraw permission for the event. Such a step would normally only be taken on the advice of the police. The Deputy University Secretary and General Counsel will report the circumstances of such incident to the next meeting of the Council.

7.9 The University reserves the right to decide that practical considerations such as the cost, short notice period or difficulty of providing the necessary level of security may require an event to be modified, curtailed, postponed or – in exceptional circumstances – cancelled. Apart from exceptional circumstances, use of the University’s premises by any individual or body is not on terms that require the individual or body to bear some or all of the costs of security relating to their use of the premises. Event organisers may be required, in exceptional circumstances, to meet the cost of conditions required; however, the University will endeavour to help from central budgets if funding is unavailable.

8. Appeals and Complaints

8.1 Appeals against the decision of the Deputy University Secretary and General Counsel may be made to the Registrar and University Secretary whose decision shall be final but must be reported to the next meeting of the Council.

8.2 Any complaints relating to freedom of speech or academic freedom may be lodged using Imperial’s Free Speech Complaints Procedure (link tbc). The University will ensure that the appropriate procedures are in place in order to allow its stakeholders to report any concerns to be investigated promptly and thoroughly.

8.3 The Office for Students (OfS) operates a free speech complaints scheme. Under that scheme, the OfS can review complaints about free speech from members, students, staff, applicants for academic posts and (actual or invited) visiting speakers. Information about the complaints that the OfS can review is available on its website.

8.4 Personal data processed under the procedures of this Code will be processed in accordance with Imperial’s Privacy Notice.

8.5 Any questions about the Events Procedure should be directed to the Deputy University Secretary and General Counsel at procedure@imperial.ac.uk.

 9. Review

9.1 The Code of Practice and Events Procedure will be subject to annual review and in the light of circumstances will be subject to amendment by the Council.