Helga Law Journal - 01.01.2021, Page 187

Helga Law Journal Vol. 1, 2021
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International Legal Research Group
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events.’396 Although the majority of student unions surveyed within the inquiry
confirmed they are confident that they and their companions can speak freely,’397
such prevalent ‘disincentives could be having a wider “chilling effect”’398 on
freedom of speech and the right to protest within and outside university
campuses.
8.4 Factors Limiting Freedom of Speech and the Right to
Peaceful Protest
Although the JCHR found ‘no wholesale censorship of debate at universities,’399
the report highlighted numerous incidents ‘where student led activities or student
attitudes towards certain groups have impinged on others’ rights to freedom of
expression or association.’400
8.4.1 Student Activity
8.4.1.1 No Platforming Policies
The National Union of Students (‘NUS’) and many student unions have no
platforming policies. According to the NUS, the objective of a no platform policy
‘is to prevent individuals or groups known to hold racist or fascist views from
speaking at student union events and to ensure that student union officers do
not share a public platform with such individuals or groups.’401 Moreover,
evidence demonstrates significant support for such policies, with a survey
undertaken by ComRes highlighting that 63% of UK university students
surveyed ‘support the NUS having a “No Platforming” policy’402 and 54% share
the view that ‘the NUS is right to enforce the policy against individuals they
believe threaten a safe space.’403
However, such policies have often ‘been a source of tension,’404 with critics
condemning ‘the “disinvitation” of various high-profile speakers as an attack on
free speech.’405 No platforming policies generate ‘regular headlines revealing the

396 ibid.
397 ibid.
398 ibid.
399 ibid.
400 ibid.
401 'NUS' No Platform Policy @ NUS Connect' (Nusconnect.org.uk, 2018)
<https://www.nusconnect.org.uk/resources/nus-no-platform-policy-f22f> accessed 1 June 2018.
402 'BBC Victoria Derbyshire “No Platform” Poll - Comres' (Comresglobal.com, 2016)
<http://www.comresglobal.com/polls/bbc-victoria-derbyshire-no-platform-poll/> accessed 1
June 2018.
403 ibid.
404 Alfie Packham, 'Boris, Tatchell, Greer: Were They Actually No-Platformed?' (the Guardian, 2016)
<https://www.theguardian.com/education/2016/may/05/boris-tatchell-greer-were-they-actually-
no-platformed> accessed 1 June 2018.
405 ibid.
latest jilted and aggrieved activist, academic or politician.’406 Moreover, recent
ministerial announcements share this theme as Sam Gyimah MP has stated that
higher education bodies ‘must stamp out their “institutional hostility” to
unfashionable views,’407 with warnings that ‘universities which “no-platform”
controversial speakers will face Government intervention for the first time in 30
years.’408
The term no platforming has been utilised to describe an array of student
actions ranging from ‘internal decisions within student bodies to ban external
speakers/groups from speaking at universities’409 to ‘disinviting speakers due to
pressure from other students who oppose the speaker’s presence in the
university.’410 Although it is accepted that not all student actions within the scope
of this policy limit freedom of speech and the right to protest, it is evident that
such rights are ‘unduly interfered’411 with: i) ‘when protests become so disruptive
that they prevent the speakers from speaking or intimidate those attending;’412 ii)
‘if student groups are unable to invite speakers purely because other groups
protest and oppose their appearance;’413 and iii) ‘if students are deterred from
inviting speakers by complicated processes and bureaucratic procedures.’414
Moreover, although ‘not widespread,’415 it is apparent that ‘all these problems do
occur,’416 reinforcing the notion that institutions are essentially failing to fulfil
their role and responsibilities in promoting freedom of speech and the right to
protest within and outside their campuses.
8.4.1.2 Intolerance Towards Some Groups and Issues and Disruptive Protests
As identified by the JCHR, evidence suggests that instances where freedom of
speech has been limited ‘usually involve groups who are perceived as minorities,
or as having views which some could consider to be offensive, but which are not
necessarily unlawful.’417
In some circumstances, there have been ‘unacceptable incidents’418 where
freedom of speech has been impeded by student activities, namely disruptive
protests. Instances such as this include disruption at University of West England

406 ibid.
407 Camilla Turner, 'Universities Which 'No-Platform' Controversial Speakers Will Face Government
Intervention' (The Telegraph, 2018)
<https://www.telegraph.co.uk/education/2018/05/03/universities-no-platform-controversial-
speakers-will-face-government/> accessed 1 June 2018.
408 ibid.
409 (n 3).
410 ibid.
411 ibid.
412 ibid.
413 ibid.
414 ibid.
415 ibid.
416 ibid.
417 ibid.
418 ibid.