SEEU Review vol. 6 Nr. 2 (pdf) - South East European University

Dennis J. Farrington, PhDUK custom and practice. 41 ‘Freedom of expression’ is not confined to‘freedom of speech’; ‘freedom of expression’ includes ‘freedom to pursueresearch’ and ‘freedom to publish’. ‘Academic freedom consists in the rightto choose one’s own problem for investigation, to conduct research free fromany outside control, and to teach one’s subject in the light of one’s ownopinions.’ 42 ‘Freedom to publish’ is particularly difficult since it brings intoquestion the ownership of the IP rights in the written work of staff asemployees—both in printed form and in more transient form – and itrequires a clear set of regulations on legal responsibility for writings. Section8 Export Controls Act 2002 recognizes that a ‘control order’ made under theAct might have adverse impact on ‘communication in the ordinary course ofscientific research’ and so it ‘protects certain freedoms’ unless it is necessaryto make an order. In England and Wales only, ‘freedom of speech within thelaw’ is protected generally by section 43(1) Education (No.2) Act 1986:‘Every individual and body of persons concerned in the government of any[HEI] shall take such steps as are reasonably practicable to ensure thatfreedom of speech within the law is secured for members, students andemployees of the [HEI] and for visiting speakers.’The right of freedom of expression granted by the ECHR wasincorporated into UK law by HRA but such case law as there is coincideswith s 202(2)(a) ERA, s 26 Further and Higher Education (Scotland) Act2005(Act of the Scottish Parliament, ASP), or simply with UK custom andpractice. 43 ‘Freedom of expression’ is not confined to ‘freedom of speech’;‘freedom of expression’ includes ‘freedom to pursue research’ and ‘freedomto publish’. ‘Academic freedom consists in the right to choose one’s ownproblem for investigation, to conduct research free from any outside control,and to teach one’s subject in the light of one’s own opinions.’ 44 ‘Freedom to41424344Cases relate to the expression of certain political views in Turkey (eg Baskaya v TurkeyECHR 23536/ 94; Okcuoglu v Turkey ECHR 24408/94), the ‘Tolstoy’ libel trial inEngland (Tolstoy-Miloslavsky v UK ECHR 18139/1) and the ‘microwave ovens’ case inSwitzerland (HUH v Switzerland ECHR 25181/94).M Polanyi, The Logic of Liberty: Reflections and Rejoinders (1951, reprinted 1998) 33,cited in G.R. Evans, ‘Why “Academic” Freedom of Speech?’ at http://www.sprconsilio.com/essay.pdf(2003); see also G.R. Evans, Calling Academia to Account: Rightsand Responsibilities (1999), D Kennedy, Academic Duty (1997), Lord (Conrad) Russell,Academic Freedom (1993).Cases relate to the expression of certain political views in Turkey (eg Baskaya v TurkeyECHR 23536/ 94; Okcuoglu v Turkey ECHR 24408/94), the ‘Tolstoy’ libel trial inEngland (Tolstoy-Miloslavsky v UK ECHR 18139/1) and the ‘microwave ovens’ case inSwitzerland (HUH v Switzerland ECHR 25181/94).M Polanyi, The Logic of Liberty: Reflections and Rejoinders (1951, reprinted 1998) 33,cited in G.R. Evans, ‘Why “Academic” Freedom of Speech?’ at http://www.sprconsilio.com/essay.pdf(2003); see also G.R. Evans, Calling Academia to Account: Rights20