When considering where to draw a line between free speech and speech that can justifiably be limited, the distinction is not one of offence. Democratic debate requires us to tolerate people being offended – even deeply offended – or having their feelings hurt. The distinction is one of harm.
We have laws (both in Victoria and federally) that draw a distinction between speech that harms and speech that, however offensive, does not. Speech that does harm includes expressions that constitute vilification or harassment.
Having these laws sets a standard for public debate. They draw a line in the sand that protects communities from harm.
Laws such as the Federal Racial Discrimination Act and the Victorian Racial and Religious Tolerance Act are not designed to stop people from having debates about difficult topics of public policy. They are designed to encourage, indeed they require, people to have those debates in ways that do not harm others. This includes not harming the ability of others to participate in those very debates.
The University acknowledges that while some language may be considered offensive, it will, nonetheless, be protected by the principles of academic freedom. However, the language that has been used in the relevant social media posts does not engage the principles of academic freedom. That language must be judged according to the limits of the principle of freedom of speech.
The Monash University community shares a standard for public conversation and debate even when in deep disagreement. It is essential that the exercise of freedom of speech does not cross over into expressions that harass, vilify, or intimidate others.
If Monash students, staff or visitors are identified as being involved in making such statements, we will investigate and act in accordance with applicable policies and procedures. Further, where we find inappropriate social media content being posted, we will request its removal.
We remain in close contact with our student organisations to ensure language and interactions are respectful and in line with University policies and procedures.
Monash students remain free to protest regarding matters and issues that are important to them, within the limits of freedom of expression in law and in the University’s regulations, policies, and procedures.