Australian Human Rights Commission Respect at Uni Interim Report December 2024 The Model Code for Protection of Freedom of Speech and Academic Freedom (2019) 85 by Chief Justice Robert French (French Code) informs policies across most universities. TEQSA’s Threshold Standards also require all universities to safeguard academic freedom. Universities and people working or studying in them also have responsibilities under Commonwealth, state and territory legislation, including the RDA, not to engage in racial discrimination or vilification. Freedom of expression is vital. It is critical to Australia’s liberal democracy, the pursuit of science, commerce, art, public debate, private discussion and more. Australia has promised to uphold people’s right to freedom of expression under international human rights treaties such as the International Covenant on Civil and Political Rights. 86 However, freedom of expression is not explicitly protected under Australian law. There is no national Human Rights Act or similar instrument that protects freedom of expression. The Australian Constitution has limited protection of freedom of expression through the implied freedom of political communication. At the state and territory level, freedom of expression is protected under human rights laws in Victoria, Queensland and the Australian Capital Territory. 87 Under international and domestic human rights law, freedom of expression is not absolute; it can be limited, in broad terms if the limitation is reasonable and justified. 88 Preventing racial vilification and incitement of violence are justified limitations on freedom of expression. 89 Despite the existence of policies around academic freedom at universities, the Commission heard that the definition of academic freedom in practice remains a topic of debate. The challenge of balancing academic freedom and freedom of expression with the right to safety and non-discrimination is constantly being tested, with differing views on events in Gaza, Lebanon and Israel highlighting these complexities. The Inquiry reported on a range of perspectives about academic freedom and freedom of expression, consistent with themes heard by the Commission during consultations. There is broad agreement that universities should protect academic freedom but not when it ‘crosses the line into illegal or hate speech.’ 90 The Commission heard that academic freedom is used as a ‘cover’ to express racist views. While some raised issues about antisemitism on campus, particularly in relation to protests, conversely, students who participated in proPalestinian protests felt that their right to express themselves was being curtailed. International students also raised concerns about academic freedom as a cover for derogatory views on China. 51