EXEPOSÉ has recently learnt that the University of Exeter signed up to a webinar giving universities legal advice on how to secure protest bans on campus. While the representative for the university did not attend the webinar, they did request and receive the presentation slides. This has been brought to light by both Liberty Investigates and The Guardian.
The webinar was hosted by a member of Shakespeare Martineau LLP, a British law firm who recently coached Cardiff University in obtaining a year-long ban of any unauthorised demonstrations on their campuses. Staff and students in Cardiff could now face prison and unlimited fines for holding protests without previous permission from the university.
While stating they received slides on the contents of the presentation, the University of Exeter did not state whether they also watched the recording of the webinar, and did not provide any further notes on their intended use of this information — citing the reasonable limitations of the Freedom of Information request.
… the University of Exeter did not state whether they also watched the recording of the webinar, and did not provide any further notes on their intended use
A further FOI request shed light on the Q&A portion of the webinar, where the host dismissed concerns that a sweeping protest ban could unlawfully curtail Freedom of Speech. As pointed out by an attendee, the protection of Freedom of Speech is part of a University’s statutory duty under the Higher Education (Freedom of Speech) Act 2023. However, the host stated that this risk is true of all pre-emptive injunctions, and that these so-called “newcomer injunctions” have only “streamlined the process” of taking legal action for protests.
Furthermore, when asked if there was a legal definition of “peaceful protest” to be used in university guidelines, the host declared this non-existent, and suggested instead that universities should focus on “[their] approach to freedom of speech on campus” as a reference for distinguishing lawful and unlawful protests.
In addition to this, the host explains that “newcomer injunctions” enforced via Court will give universities the ability to legally remove protesters interrupting individual events — a course of action which is normally only available to the police, and even then, only if an offence has been committed.
We asked for a comment, a spokesperson from the university said: “It is not uncommon for staff to register for or attend briefings relating to a wide range of topics and discussions. Attendance does not mean we agree with or have adopted the policies discussed”.
…the university said: “It is not uncommon for staff to register for or attend briefings relating to a wide range of topics and discussions.
Additionally, a spokesperson from Guild has stated: “The Guild has a long history of supporting student activism – it’s part of who we are. Peaceful protest is a human right, and as your Students’ Guild, we’re here to support you to use your voice to campaign for change and stand up for what you believe in. At the same time, we have a shared legal responsibility with the University to ensure all protests are safe, lawful and respectful of others. That includes making sure protests don’t incite violence or hatred, and that all students can continue to access their education and campus services without unnecessary impact. Recent updates to the policy focus on managing noise levels to help maintain a supportive learning environment for everyone. We also support students to protest safely. This includes carrying out risk assessments, providing guidance on rights and responsibilities, and in some cases, attending protests to help safeguard participants. Protest is just one way to make your voice heard.” They have also highlighted a page on their website about taking action.
We can confirm that the universities of Reading, Hertfordshire, Birkbeck, Liverpool John Moores, Falmouth, Warwick and Bath Spa also attended the webinar, and that to date, Shakespeare Martineau has legally represented the Universities of Birmingham and Nottingham, in addition to obtaining the injunction for Cardiff University, and most recently two Cambridge colleges.
Forms of protest have been rapidly changing in recent years, with tensions between UK universities and students bringing in many changes to guidelines set by Higher Education institutions — a climate in which Shakespeare Martineau’s advice could become invaluable to university administrations. While these blanket injunctions are sweepingly general, and target all protest activity on campus — with independent legal experts noting this ranges from demonstrations to bake sales — they appear in direct response to the rise of pro-Palestine action that has swept over most UK university campuses.
…these blanket injunctions are sweepingly general, and target all protest activity on campus — with independent legal experts noting this ranges from demonstrations to bake sales
Exeposé recently reported that, at the end of the last academic year, new protest rules were being put into place on Exeter campuses. These new rules included an outright ban on all forms of occupation, and stated that the university reserves the right to “alter the manner, location or timing of the protest”. Both Youth Demand and ELE4PAL spoke how these new changes went against the “very ideas of free speech”. The University stated in a previous Exeposé article that the campus ban on occupation had always been in place. However, it was only added to the protest guidelines after ELE4PAL’s encampment last year, in the same way the injunction at Cardiff was put into place following the appearance of a similar pro-Palestinian encampment on their campus.
However, it is not just university campuses where the rules for protesting are changing. The British Government’s proscription of Palestine Action as a terrorist group in July has lead to (at the time of writing) 890 arrests. Many media outlets have been criticised for their lack of coverage and censorship of certain issues in regards to Palestine. The BBC in particular has come under fire for diverse reasons, particularly during their coverage of Glastonbury Festival this summer, pre-emptively pulling the livestream of Kneecap’s performance, and later doing the same for Hozier’s set at Reading and Leeds. These artists have been known to show sympathy and support for Palestine, with the latter using his performance at Reading to call for a “meaningful political solution” to the crisis in Gaza, and celebrating fellow artists who use their platforms to “tell truth in their music.”
This national change in attitude towards protesting and political messaging during events is not limited to pro-Palestine sentiments. The Shakespeare Martineau webinar slides reveal how they played a part not only on university campuses, but against “London Gypsies and Travellers and Others” on behalf of Wolverhampton City Council, as well as targeting “Persons Unknown (Just Stop Oil or Other environmental campaign)” on behalf of Heathrow Airport.
This national change in attitude towards protesting and political messaging during events is not limited to pro-Palestine sentiments.
Both in extra-academic situations, and in our own higher education institutions, the future seems to herald newcomer injunctions as the key to blanket bans for any individual or group considered disruptive through their “unlawful” exercise of free speech. UN Special Rapporteur Gina Romero responded to Liberty Investigates’ findings, saying: “profiting from the […] curtailing of human rights is despicable,” and criticised Shakespeare Martineau for promoting this tactic.
It remains to be seen how our university will interpret and instrumentalise this information.
