Unis chief George Williams push for free speech code for all Australians, not just higher ed

Uni chief and constitutional law expert George Williams warns that the ‘evergrowing list of anti-speech laws’ must be stopped.

UNSW deputy vice-chancellor George Williams. Picture: Hollie Adams/The Australian

University chief and constitutional law expert George Williams is calling on the Morrison government to extend its free speech standards for the higher education sector to the whole country, saying the “ever-growing list of anti-speech laws” must be stopped.

Mr Williams – deputy vice-chancellor of the University of NSW – says a free speech statute should legislate the same free speech standards set out in a model code of academic freedom for all sectors of society from big businesses to governments.

His call comes as Education Minister Alan Tudge threatens to legislate the currently voluntary model code if all universities do not sign up this year.

Writing in The Australian on Tuesday, Mr Williams says a free speech law is needed to combat restrictions on free speech created by anti-discrimination and national security statutes.

“Australia needs strong protection for freedom of speech, but this should extend well beyond universities,” he says. “We have become increasingly permissive of laws and policies that prevent robust discussion, including where this may prove offensive … This ever-growing list of anti-speech laws shows how things have got out of hand.

“We need a free speech statute that applies across our society to provide every person with a right of free expression. This should apply a common standard to universities and other parts of our society to ensure consistent and effective protection for a vital democratic value.”

Mr Williams’ UNSW has recently aligned to the model code on academic free speech – designed by former chief justice Robert French – after it was highlighted as one of the last holdouts by a government review of the code’s implementation last year.

Mr Tudge told vice-chancellors at the Universities Australia conference in Canberra that if the remaining universities did not act, he would move to make the code law.

Mr Williams’ call to extend the university free speech code to the nation will likely ignite the debate over whether it should have a bill of rights.

Liberal MP and former human rights commissioner Tim Wilson said on Monday while the nation needed to do more to protect free speech, a broad law was not the answer.

“George Williams is right to say that Australia has a broader free speech problem – in both law and culture – but the solution isn’t to hand these decisions over to courts to define the limits of our freedom,” Mr Wilson said. “Freedom must live in the culture of the public to be sceptical of centralised power”.

Former Australian Catholic vice-chancellor Greg Craven also said it was preferable to legislate “narrowly” on matters such as a university free speech code than bring in a broad free speech statute that could leave free speech up to the courts.

“When you have broad laws around concepts like freedom or equality, you give judges the right to legislate,” he said.

NSW Council of Civil Liberties president Pauline Wright said the courts had a legitimate role in upholding free speech and Australia should embrace a bill of rights. “What do we want to see if courts are not involved? Governments and executives with absolute power over freedom of speech?” she said.