How free are we? 1

The confusion regarding academic freedom continues: what is it, how does it differ from freedom of speech, is it protected in UK law? The ICM poll for The Times Higher ("Staff are silenced by fear of reprisals" and "Blame piled on managers", August 4) does not appear to help.

The Education Reform Act 1988 (section 202) is much quoted and much misunderstood: it did not "enshrine the right to question received wisdom" or give academicsJ"a legal right" regarding academic freedom, but gave some very limited protection in this area. The number of conflicting statutory provisions since then that impinge on academic work is varied and confusing (to most), as illustrated recently by the controversy about the effect of the Race Relations (Amendment) Act 2000, plus the potential within the Prevention of Terrorism Act 2005, all against the backdrop of the Human Rights Act 1998.

The Nolan Committee (1996) stated that staff should not beJsilenced regarding statements about the workings of their institution in the context of academic standards. The Magna Charta of European Universities (1988) states that academic freedom is a core value of a university. In 1997, Unesco expressed "concern about the vulnerability of the academic community from untoward political pressures that could undermine academic freedom".

There are many good quotes about academic freedom andJsome attempts to define it. There is no single or simple legal protection afforded to institutions, academics or students in this country.

Tim Birtwistle
Professor of law and policy of higher education, Leeds Law School
Leeds Metropolitan University