UNSW chief wants free speech laws to stop ‘self-censorship’

A university chief is demanding new laws to safeguard free speech, warning that Australians are “self-censoring’’.

A university chief is demanding new laws to safeguard free speech, warning that Australians are “self-censoring’’ because they are scared of saying the wrong thing.

Professor George Williams, a constitutional lawyer who is deputy vice-chancellor of the University of NSW, said Australians have no legal right to free speech.

He called on the federal government to introduce a “free speech statute’’ for the entire community.

“Free speech needs to include the right to say things that people disagree with and may find offensive,’’ he said.

“My concern is that the free speech problem goes a lot deeper than universities.

“As a society that wants to genuinely search for the truth, we’ve got to be open to debate and discussion and difficult conversations.

“Democracy entails dissent, disagreement and robust discussion and you’ve got to be able to speak freely.

“We do find an increasing danger of self-censorship … it has a chilling effect on what people say and do.’’

Professor Williams said the High Court only gave an implied right to free speech.

His call came as Federal Education Minister Alan Tudge threatened universities with legislation to force them to safeguard freedom of speech and academic inquiry.

“You cannot pursue truth without freedom of expression,’’ he told the Universities Australia conference in Canberra on Thursday.

UNSW Dean of Law Professor George Williams. Picture: Supplied

“You cannot create knowledge without freedom of academic inquiry.’’

Mr Tudge told vice-chancellors there are “no more excuses’’ to fully adopt a code for free speech, drawn up by by former High Court Chief Justice Robert French more than two years ago.

“I want to see the model code implemented fully this year, with no more excuses,’’ he said.

“If it becomes apparent that universities remain unable or unwilling to adopt the model code, I will examine all options available to the government to enforce it – which may include legislation.’’

A federal government review in December found that 33 of Australia’s 42 universities had signed up to the code - yet only nine were “fully aligned’’.

Six universities had policies that did not comply with the code – the University of NSW, the University of Technology Sydney, Monash University, James Cook University, the University of South Australia and Federation University Australia.

Federal education Minister Alan Tudge. Picture: Sam Ruttyn

UNSW adopted the code in April, but went even further to protect free speech by leaving out a clause that lets universities ban guest speakers deemed to “fall below scholarly standards’’.

Universities have been rocked by a series of scandals over “woke’’ teaching of issues such as climate change and gender studies, and intolerance of academics or students expressing diverse opinions.

The University of Queensland spent $280,000 on legal advice to discipline student Drew Pavlou, who led protests against China’s influence at the university last year.

UTS is one uni that is non-compliant with the code. Picture: Andrew Worssam

A top marine scientist, Professor Peter Ridd, was sacked from James Cook University after criticising science linking climate change to coral bleaching on the Great Barrier Reef.

A court ordered the university to pay him more than $1.2 million in damages and penalties, but it was overturned on appeal.

The High Court will hear Professor Ridd’s challenge to the appeal on June 23, in a landmark case that will test academic freedom.

Drew Pavlou from the University of Queensland led a protest against the uni's China-aligned Confucius Institute. The case raised the issue of freedom of speech on Australian campuses. Picture: Keryn Stevens

The federal government has been pressuring universities for years to safeguard freedom of speech – even changing the Higher Education Support Act in March to replace the term “free intellectual inquiry’’ with “freedom of speech” and “academic freedom’’.

Mr Tehan’s latest threat would legally compel universities to guarantee freedom of speech by students, academics and visitors to campus.

British universities face fines for failing to protect free speech on campus, under British Government legislation being debated in its parliament.

Mr Tudge also called for more face-to-face lectures for domestic students still locked off campus a year after the start of the Covid-19 pandemic.

He is concerned that some fee-paying students are still not allowed on campus at all, or have had lectures cut to an hour each week.

Mr Tudge told vice-chancellors they should “not forget’’ that universities were initially established to educate Australians.

“I am still hearing from too many students or their parents who tell me that their usual student experience has still not returned – that they may only have one contact hour or none,’’ he told the conference.

“For this year, we must see a focus in our universities on how to enhance the classroom and learning experience of Australian students.

“And this must start with a return to the previous face-to-face learning, where Covid rules allow.’’

With international students locked offshore indefinitely, Australian universities have enrolled 5 per cent more domestic students this year.

UNIS YET TO IMPLEMENT FRENCH MODEL CODE

■ Australian National University

■ Charles Sturt University

■ Murdoch University

■ University of Canberra

■ University of New England