The Public Order Act 1986 contains specific criminal offences related to the intention of inciting racial hatred. This includes threatening, abusive or insulting words or behaviour, materials, and public performances.

HEIs need to be mindful of this legislation in relation to their role in promoting academic freedom, as reflected in the Education Reform Act 1988, and freedom of speech, as obliged by the Education Act (No.2) 1986.

Academic Freedom

HEIs have a special role in promoting and encouraging vigorous debate, free speech and freedom of enquiry within the law. Protection of academic freedom recognises that academic staff have the right to explore unpopular or controversial subjects and opinions in their teaching even though students may find them challenging or unpalatable. Academic staff must, however, ensure that their teaching delivery does not discriminate against or cause harassment of any student on the grounds of their age, disability, ethnicity, gender reassignment, pregnancy and maternity status, religion and belief, sex, or sexual orientation.

Adapted from material published by the Equality Challenge Unit.