The federal Education Department has affirmed freedom of speech is protected at Australian universities amid concerns of anti-semitic messaging during pro-Palestinian demonstrations on campus.
During a Budget Estimates hearing on June 6, Department Secretary Tony Cook discussed how freedom of speech was being implemented.
“The TEQSA [Tertiary Education Quality and Standards Agency], in relation to the regulatory activity that they undertake in terms of quality, one of the things that they would be checking is ensuring that every university has basically a freedom of speech and academic freedom code or policy,” he said.
“Under legislation, universities must allow the freedom of academic staff and students to express their opinions.”
However, the secretary said that the regulations did not protect speech that was restricted under state or federal legislation.
“It doesn’t protect hate speech. It doesn’t protect speech that discriminates on the basis of race. And so particularly section 18C of the Racial Discrimination Act,” he said in response to questions from Labor Senator Karen Grogan.
“The attorney-general has made that clear to universities when they sought advice in relation to some of the language that was being used more broadly in communities as well as on campuses as well.”
Meanwhile, Education Assistant Minister Anthony Chisholm said Attorney General Mark Dreyfus indicated he would put forward legislation to create new criminal offences and strengthen existing laws against hate speech.
The secretary’s comments come after pro-Palestinian students set up encampments in major Australian universities to demand they cut ties with Israel. Some institutions that have been targeted include the Australian National University, University of Queensland, University of Melbourne, and the University of Sydney.
Labor Says Government Engaging With Tertiary Stakeholders
At the hearing, Liberal Senator Sarah Henderson claimed federal education minister, Jason Clare, had allegedly failed to criticise the protests.“Why has your government not condemned the horrific level of antisemitic activity at some university campuses, particularly the encampments,” she asked.
In response, Mr. Chisholm said Mr. Clare had acted “strongly and consistently” regarding the issue of anti-semitism.
Mr. Chisholm explained that the education minister had met with TEQSA, university chancellors, Jewish students, and teaching staff.
“The minister has been very engaged on this issue. It is one that he has been working closely with the secretary, but also the regulator at the same time,” he said.
At the same time, Mr. Chisholm said people had the right to protest and that universities have student codes of conduct that they needed to enforce.
“Some universities have legislative powers to remove external people from their grounds. In consultation with appropriate authorities, they should use these policies to keep students safe,” he said.
“That is the position of the government, and that has been articulated clearly by the minister to vice-chancellors. And their top priority should be keeping staff and students safe.”
