Universities move to protect free speech

The work of "untangling" and tweaking the model code is being conducted by its author, University of Western Australia chancellor Robert French, with the Australian National University's Gareth Evans and the University of Queensland's Peter Varghese.

Professor Evans said the ANU, while regarding the issue as over-blown and swept up in culture wars, sees "no harm" in implementing the principles of the code and the nation's chancellors had indicated their support subject to further clarifications and resolution of potentially contentious points.

"I think there is general acknowledgement that what universities are all about is respect for academic freedom, academic autonomy and free speech," he said. "There's no dissent, no argument with that."

With much of the university free speech debate focused on the treatment of controversial speakers, the three chancellors are working to sharpen the code's language about the need for different requirements for people invited onto campus by the university and those who are being hosted on campus by external organisations.

"There are different considerations that apply to each and I think basically in the case of an invited speaker, however unpopular and unpalatable the views may be, there's a case for a very high level of openness, freedom and a minimum of constraint and there's the traditional argument that debate is the best disinfectant for poisonous ideas," he said.

"For someone just coming in from the outside and wanting to claim all those things in a university context ... legitimately a lot tighter rules can apply there."

He said they were also examining a clearer distinction between academic freedoms as a university-specific issue and the broader principle of free speech.

"I'm in the process of untangling some of those issues with my colleagues. But I think we will have a product which ought to be generally acceptable and I think ANU's position is very largely that of universities across the sector," he said.

Mr French's model code enshrines free speech as paramount and says it should not be unnecessarily restricted. It also affirms academic autonomy of universities and academic freedom as defining values.

It outlines protections from disadvantage, discrimination, threats, intimidation and humiliation but states there is no duty to protect staff and students from "feeling offended or shocked or insulted by the lawful speech of another".

Some institutions like the University of Sydney, Monash University and the Australian Catholic University have already indicated they will act on Mr French's proposals.

ACU's code will be modelled closely on Mr French's formula. Chancellor John Fahey said it would be a "touchstone document that provides members of the university community with certainty and clarity around freedom of speech".

Pending a formal decision by the ANU's council, Professor Evans predicted the university would be "happy to go along with the exercise but the language of these things is important" and some issues needed to be resolved delicately.

"We have got an issue that is perfectly manageable and it is timely to consider it, it is timely to set some guidelines," he said.

"My view and I think it will be the university's view on the basis of preliminary discussions we have had is that there is no harm at all under these circumstances in having some kind of voluntary code which clearly articulates the basic principles that are involved and gives a set of guidance rules or guidance principles that should affect the way in which the rest of the rules and procedures work themselves out."