Academics urge political parties to defend freedom of expression in universities

Martin Shipton

A group of academics who believe freedom of expression in universities is under attack has called on all parties to support their campaign aims ahead of the Senedd election.

In a statement on its website, Cardiff Academic Freedom Association (CAFA), which was formed in 2024, says: “Across the world, academic freedom is facing threats from diverse sources. For example, scholars who are critical of radical right populism, progressive movements and (both sides of) the Israel-Palestine conflict all claim infringements.

“To develop devolution further, Wales needs a vibrant civil society which is able to hold all governments to account. In liberal-democratic societies, power will pass between parties and parties should plan for the day when they are not in power. Academic freedom is a crucial part of this agenda. Without diverse opinions in our universities, power cannot be properly contested.”

CAFA has three recommendations for Welsh parties. Firstly, it calls for a Welsh Higher Education (Freedom of Speech) Act, based on an Act passed in England in 2023.

The statement says: “The introduction of the Act followed years of debate about culture and practice in UK universities. Critics pointed to the prevalence of self-censorship and instances of ‘cancellations’, in which certain academics were deprived of their right to academic freedom.

“The campaign group Academics For Academic Freedom keeps a list of hundreds of these incidents, with targets coming from across the political spectrum. The English Act … creates a duty for higher education providers to take ‘reasonably practicable’ steps to secure freedom of speech within the law for staff, students and other stakeholders,

“The use of university premises may not be denied to any individual or body on the grounds of their ideas and opinions. This includes the imposition of varied terms or security costs. “Academic staff have the right ‘to question and test received wisdom’ without running the risk of loss of their jobs or privileges or the likelihood of their securing promotion or different jobs at the institution being reduced.

“ Universities must maintain a code of practice which sets out their values concerning freedom of speech and the conduct expected of staff and students. Governing bodies must take steps to secure compliance with the code and, at least once a year, must bring the code to the attention of all of its students.

“Universities must ‘promote the importance of freedom of speech and academic freedom’. The English Office for Students (OfS) ‘must promote the importance of freedom of speech within the law’. The OfS has the right to fine those institutions that infringe the Act and a new Director for Freedom of Speech and Academic Freedom is responsible for overseeing the OfS’s duties. “Those who have sustained pecuniary or non-pecuniary ‘loss’ have the right to bring civil proceedings against universities, ie a statutory tort.

“The Act has been controversial. Minority groups worried that hate groups would exploit the law and the Union of Jewish Students opposed part of the law, fearing that it would benefit Holocaust deniers. Following the victory of Labour in the 2024 general election, the new government criticised the Act and announced a review of options, including its repeal. In January 2025, the Education Secretary announced a partial implementation of the Act. However, she said that certain ‘burdensome provisions’, including the statutory tort, would be removed.

“Like other academic freedom groups, CAFA supports the statutory tort. Though the Act formally applies to Wales, this is not the case in practice. The only parts of the Act that apply to Wales are the definitions of academic freedom and constituent institutions. The majority of the Act only applies to institutions regulated by the Office for Students, ie English universities.”

Limited debate

So far, says CAFA, there has been limited debate about the Act in Welsh policy circles. Notwithstanding important criticisms of the English Act, CAFA argues that the Welsh Government should adopt a version of the Act.

According to CAFA, there are key challenges to academic freedom in Wales, with several incidents in Welsh universities: “These include the dismissal of a Wrexham honorary professor for criticism of Welsh-language road signs and Cardiff University’s ongoing imposition of security charges upon CAFA.

“Conditions in Wales may be more challenging than in other parts of the UK … The small size of Wales and developing profile of devolution mean that dissenters can face greater pressure. A Welsh version of the Act could introduce directly certain parts of the English Act, such as the section regulating the use of facilities and the requirement to issue and circulate a code of conduct.”

CAFA also calls for Medr, the Welsh Government’s Commission for Tertiary Education and Research, to undertake a review of academic freedom in Welsh tertiary education.

The body’s third call is for the adoption of the Chicago principles, which calls for an “overarching commitment to free, robust, and uninhibited debate and deliberation among all members of the university’s community.” The principles also state: [The] role of the university is not to ‘shield individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive’. Civility is important, but appeal to it should not be used to shut down debate.”

Principles

CAFA’s statement concludes: “Whilst adoption of the principles is the decision of universities, Welsh parties might encourage Welsh universities to do this. There is a role for the Cabinet Secretary for Education and Minister for Further and Higher Education. In their regular meetings with senior university managers, these ministers could discuss use of the principles.

“We believe that these proposals would benefit stakeholders across Welsh society. It is notable that complaints about speech restrictions are made across the political spectrum. Right-wingers perceive the Welsh left to be the source of many problems. There is some truth in these complaints; the Labour Party has led governments for over 25 years and, in conditions of single party dominance, dissent can become harder.

“Left-wingers worry about the victory of the right in future Senedd elections. There is some truth in these fears; when in government, right-wing movements such as the Trump Republican Party have attacked the academic freedom of ‘woke’ opponents. Therefore, all sides would benefit from protections.”