Why academic freedom and freedom of speech are not the same thing

It seems every week there is a news story of another academic, a group of students or a vice chancellor detailing threats to academic freedom. Heartbreakingly this has become an even more common occurrence since the Hamas pogrom in Israel on 7 October and the subsequent war in Gaza.

Only this week the UKRI, a UK government body which distributes research funding, has suspended its diversity advisory panel, after a leading member of the British Government publicly criticised members of the panel for their social media comments regarding Hamas and Israel. This led to the resignation of several academics from posts at the UKRI.

And at Cornell University in the US, a student is currently facing charges for threatening to kill Jewish students via a range of graphic social media posts, resulting in his persecution and enhanced security measures now in place for Jewish staff and members on campus.

These are two of the more extreme examples of the impact of the current crisis on academic institutions.

And as angry as they make me, as heartbroken as I am about current events, I have to consider them through the prism of my job – defending freedom of expression.

Freedom of expression is a very broad concept and there are as many definitions as there are forms of expression. But taking the two examples above at hand, academic freedom and freedom of speech are different things. What people debate and discuss in the lecture hall, in a seminar room or on the pages of an academic tome must always be protected. But academics are not afforded special protections outside of the confines of their intellectual endeavours. That’s not a matter of academic freedom, it’s one of freedom of expression and should be considered separately.

At the same time, the events in Cornell equate to hate speech and are not and should not be protected. Hate speech and incitement are against the law and should be dealt with accordingly. And every community, every student should have the right to feel safe on campus – not in fear of their lives. No one should be scared of walking onto their university campus whatever is happening in a war thousands of miles away.

This is all at a time when university campuses are increasingly considered to be the frontline in the ongoing battle to protect free speech.

Earlier this year, the UK saw the passage of The Higher Education (Freedom of Speech) Act.

In the current context, this seems to have muddied the waters between academic freedom and freedom of speech on campus. The new law places an onus on universities, colleges and Students’ Unions to not only protect free speech but to actively promote it. But what does this mean when applied to the views of students and academics who are promoting views outside of their academic specialisms?

The very name of the Act it suggests that those on campus have complete freedom of speech without limitation. They do not; no one does. But as academics they must have complete freedom to teach and challenge without fear or favour (within the confines of the law).

Universities are meant to be seats of academic exploration, cathedrals of learning. They provide a forum for discussion and debate in which new ideas and minority opinions can be considered. The purpose is to expose students to the breadth of views and ideas that exist in their particular discipline and ideally challenge their worldview – allowing them to argue back. On campus, in the classroom – not on a social media platform.

It is always difficult to know what impact these debates and issues are having on campus. How safe academics feel to push the boundaries of their areas of specialism and how secure students feel to question and debate on campus – to ask the unpalatable question, to challenge the status quo. But in the midst of the current gloom and misery I am choosing to take a little bit of hope from a recently published survey.

The National Student Survey from the Office of Students would suggest that this endemic attack on free speech is not as pervasive as we sometimes believe it to be. They asked students from colleges and universities in England how free they felt to express their “ideas, opinions, and beliefs” and 86% said that they felt “free” or “very free”. Only 3% of the 300,000 respondents said that they felt they were ‘not free at all.”

On the face of it, this is good news. We should welcome the fact that an overwhelming number of students feel free to speak their mind and share their opinions. Self censorship is a real problem but not one, it seems, that plagues the majority of today’s students.

But we must ask the 3% why they don’t feel free at all to express themselves on campus. is it threats from external forces like the Chinese Communist Party, is it because of their identity or faith, or is it because they themselves hold minority opinions and are fearful of being challenged. Whatever the reason, 9,000 students who participated in this survey feel silenced. We need to know why and we need to find a way to support them.

In the interim I’m going to focus on the positive and celebrate the fact that we start from a position of academic freedom and that the overwhelming majority of students know that they can express themselves on campus without fear or favour.

 

Shortlists announced for the 2023 Freedom of Expression Awards

For the last 22 years Index on Censorship has been proud to host the annual Freedom of Expression Awards. It’s an opportunity to celebrate the brave artists, journalists and campaigners from around the world who fight for freedom of expression in the most challenging of circumstances. There are some truly incredible nominees for the awards this year, who more than ever, are challenging the repressive regimes they live under to fight for the rights of ordinary people.

2023 has seen the continuation of Russia’s war on Ukraine with its horrific consequences for the people of Ukraine and the severe repression for those speaking out against the war in Russia. The CCP in China continues to repress journalists, particularly those who attempt to uncover the crimes against the Uyghur people, and activists and protesters for women’s rights in Iran and Afghanistan face vicious attacks from the authorities.

The shortlisted candidates for the Arts award are Visual Rebellion, a platform for sharing the work of photographers, filmmakers, and artists documenting the protests in Myanmar; Iranian rapper Toomaj Salehi, who sings about injustice and the abuse of civil society by the authorities, for which he has been imprisoned; and Ukrainians, curator Maria Lanko and artist Pavlo Makov, who have worked to protect Ukrainian art in the face of Russian war crimes.

The shortlisted candidates for the Campaigning award are Matiullah Wesa from Afghanistan who has worked to ensure all children, but especially girls, have access to education and educational materials; Russian student Olesya Krivtsova who has publicly opposed Russia’s war on Ukraine and has fled the country to avoid up to 10 years’ imprisonment; the Xinjiang Victim’s Database, which records the incarceration and persecution of the Uyghur population in Xinjiang province; and the Africa Human Rights Network which works to support and protect human rights defenders across the Great Lakes region of Africa.

And the shortlisted candidates for the Journalism award are Bilan Media, Somalia’s first women-only media organisation and newsroom; Mohammed Zubair, co-founder of the Indian fact-checking platform Alt News which has led to threats after challenging misinformation; and Afghan Mortaza Behboudi, in exile in France, who continues to travel to Afghanistan every month to work with different media outlets to ensure the voices of Afghans are heard.

The Freedom of Expression Awards are a time to remind ourselves of the importance of freedom of expression and to commit ourselves to protecting our own freedom of expression. It is easily lost but hard fought for. We must not forget that.

Targeted activists vow “the voices of Hongkongers will never be eliminated”

Pro-democracy activists exiled from Hong Kong will never be silenced despite attempts by the Chinese Communist Party to use transnational repression against them, an urgent press briefing held at the UK House of Commons on Wednesday heard.

This is despite what some are calling a “Chinese fatwa” which has seen the Hong Kong Police Force issue arrest warrants againt eight activists, including Christopher Mung, Finn Lau and Nathaw Law in the UK, and others in the US, Canada and Australia. The authorities have also offered rewards of up to one million Hong Kong dollars for information leading to their capture.

Mung and Lau both spoke at the briefing, which was chaired by Bob Seely MP.

Mung stressed the repercussions of the long reach from the authorities, but vowed he will never be silenced.

He said: “The Chinese and Hong Kong governments are extending their hands abroad, suppressing freedom of speech and silencing activists with a chilling effect.

“But they will never eliminate my voice, or the voice of Hongkongers. For the rest of my life, us Hongkongers will fight together.”

Lau said it wasn’t the first time the CCP had tried to exert transnational repression of speech in the UK, citing the harassment of protestors outside the Chinese consulate in Manchester by staff in 2022.

He also issued a set of demands to the British government in response to the warrants. These included an urgent meeting with both the British foreign and home secretaries, as well as calling for legal action against anybody in the UK who passes on information about the activists for reward.

“We simply need concrete action and measures to tackle this,” he said.

Mark Clifford, president of the Committee for Freedom in Hong Kong Foundation, went as far to call the warrants and bounties a Chinese “fatwa”.

He said: “The CCP and their enablers in Hong Kong have crossed a red line here. What they’re saying is democracy is illegal around the world under their National Security Law.

“We need actions because China will keep pushing, and pushing, and pushing.”

When asked why the warrants and bounties were issued now, Lau said that any guess is just speculation.

He continued: “Personally, I think it’s just simply a way of discouraging Hongkongers from fighting for their democracy and speech in the future.”

Benedict Rogers, chief executive of Hong Kong Watch, which monitors freedoms and human rights in Hong Kong, recounted attempts by the CCP to repress his own freedom of speech, while acknowledging these have been less severe than those now faced by the eight activists.

“About a year ago I received a letter from the Hong Kong police informing me that what I do with Hong Kong Watch in the UK violates the National Security Law in Hong Kong, and I could face a prison sentence there,” he said.

“I’ve also received anonymous threatening letters from Hong Kong, some even posted to my mother.”

Finishing off the session, Mark Clifford said that the battle with the CCP’s repression will be a long-term struggle, and to ensure talk of damaging trade relations doesn’t affect it.

“It’s an evil, evil country; and we must remember our values are just more important than economic commerce.”

Read our statement on the arrest warrants and rewards.

The international community must resist Hong Kong’s attempts to threaten human rights across the globe using the National Security Law

Index on Censorship is deeply alarmed by the reports that the Hong Kong Police Force have issued arrest warrants for eight pro-democracy activists living in exile in the UK, USA and Australia. According to the police force, all those targeted “are alleged to have continued to commit offences under the Hong Kong National Security Law that seriously endanger national security, including ‘incitement to secession’, ‘subversion’, ‘incitement to subversion’ and ‘collusion with a foreign country or with external elements to endanger national security’.” Index has long condemned the National Security Law as it has fundamentally criminalised dissent and “paralysed pro-independence and pro-democracy advocates in the city.”

Index further condemns the reward offered by the Hong Kong authorities of HK$1 million (£100,581) for information leading to their capture. By offering financial incentives to members of the public to report on these pro-democracy activists, the authorities are trying to turn society against itself to isolate those who have spoken out against China’s attack on human rights. This is especially damaging for those living in exile. Through the Banned By Beijing project, Index has documented how Chinese authorities – both in Hong Kong and mainland China – have threatened those who have fled to Europe, targeting their ability to work, express themselves, seek education, or continue advocating for human rights back home in China. 

The extraterritorial reach of the National Security Law explicitly targets those who have fled due to their work defending democracy. The US Government highlighted this specific issue in their statement responding to the warrants, stating that “the extraterritorial application of the Beijing-imposed National Security Law is a dangerous precedent that threatens the human rights and fundamental freedoms of people all over the world.” All states must ensure they can respond robustly to all threats of transnational repression. This was highlighted in an exhibition launched by Index last week in London to mark the third anniversary of the enactment of Hong Kong’s National Security Law, which featured Badiucao, a Chinese-Australian artist and human rights defender; Lumli Lumlong, a husband and wife painting duo; and leading Uyghur campaigner, Rahima Mahmut.

All countries must stand firm to their commitment to ensure that all those targeted by these warrants and the National Security Law are protected from transnational threats wherever they are.