Free speech fine of nearly £600,000! Is it time to rebalance cancel culture?
Last week the University of Sussex was fined £585,000 by a regulator over its handling of a transgender free speech case.
The Office for Students (OfS) criticised the university’s policy statement on transgender and non-binary equality, saying that it could lead to self-censorship. This followed an incident in 2021, and subsequent investigation, concerning Professor Kathleen Stock. Professor Stock was forced to leave her role at the university after being accused of transphobia, when she published a book questioning whether gender identity was more “socially significant” than biological sex.
In issuing the fine, the OfS said policies such as those in force at the University of Sussex are restricting which viewpoints and ideas can be expressed, and that this is inconsistent with the whole aims of the university in terms of research and genuine humanistic education.
This was supported by the Education Secretary, Bridget Phillipson, who said: “Free speech and academic freedom are non-negotiables in our universities, and I have been clear that where those principles are not upheld, robust action will be taken. If you go to university, you must be prepared to have your views challenged, hear contrary opinions and be exposed to uncomfortable truths”.
Cancel culture
Article 10 of the Human Rights Act protects freedom of expression as fundamental to our democracy. It means we all have the right to express ourselves freely and hold our own opinions – even if our views are unpopular or could upset or offend others. Article 10 also protects the right of every individual to communicate and express themselves in any medium – including through words, pictures and actions
In the case of the University of Sussex, Professor Stock reports that they avoided teaching certain content out of concern for breaching policies that required course materials to positively represent transpeople and trans lives, prohibit stereotypical assumptions about transpeople, ban transphobic propaganda, and classify transphobic abuse as a serious disciplinary offence.
It’s quite the tightrope, especially for an educational institution whose nuanced role means it must tread a fine line between the free speech rights of its students and academics, and the need to maintain a safe and successful learning environment
Perhaps the question should therefore be not what was communicated, but rather the intent behind it – i.e. whether, or not, the expression of views was intended to cause harm. It’s clear that Professor Stock’s comments about biological sex were fairly banal and not intended to cause harm but rather strike up academic debate. Did she therefore deserve to be labelled ‘transphobic’ and find herself effectively cancelled?
A growing issue that might be about to get a whole lot worse
Bullying or hate speech has been increasing exponentially, whilst of course free expression must not come at the expense of other core values and rights, particularly to live and work in a world free from discrimination and fear. Genuinely expressed free speech must be rigorously protected in all walks of life. And it’s great to see courts and quangos rebalancing the narrative in this way.
In fact, earlier this year a former government scientist, working at Portland Down won his landmark employment tribunal, after being forced out of his job for holding gender-critical beliefs and support for immutable sex. Wilkins suffered harassment and discrimination because of what was described as an “unblinking desire” to support the pro-trans lobby and a total loss of sight of the obligation to be impartial despite high-profile legal rulings that gender-critical views are a protected right under the Equality Act.
Are you under threat?
These cases highlight perfectly why all human rights must coexist, and an equilibrium sought whereby rights are balanced and consequences proportionate.
Something that is getting harder and harder as the world faces the consequences of decisions made by the Trump administration, to deny people of freedom, justice, and equality.
If you or your business feel threatened by these issues, get in touch with Leverets.
