Respecting protest and free speech comes with obligations for all of us
An important message from the Vice-Chancellor and President, Professor Sharon Pickering
“Equip yourself for life not solely for your own benefit but for the benefit of the whole community.”
Sir John Monash
“Humanism is the only resistance we have against the inhuman practices and injustices that disfigure human history. Separation between peoples is not a solution for any of the problems that divide peoples.”
Edward Said
Dear students,
The University respects and will defend all those that peacefully protest, and are willing not only to exercise their own freedom of speech but recognise and indeed embrace the freedom of speech of those with whom they hold deep disagreement. These are the hallmarks of democracy and of the vibrancy of a university.
Over recent days we have regrettably witnessed repeated instances of conduct on the Clayton campus that is neither peaceful nor allows for the freedoms of others. There have been examples of conduct over the past week that might be found to be criminal offences or civil wrongs, including antisemitic or islamophobic speech, or acts of harassment or vilification. Among such conduct have been repeated acts and speech of people with no links to the University community. Calling in outside agitators must stop now. Criminal and civil offences, as well as the hostile general atmospherics have a cumulative impact on our campus community. Students, including those protesting and counter-protesting, have repeatedly called police in relation to the behaviour of others – many from outside the University community.
The campus community, and all of our community members, must be able to go about our normal operations safely, even during times of disagreement and protest. The University reminds all staff and students that while we will vigorously defend freedom of speech, the University does not tolerate behaviour that is not in line with University policies such as the Community Safety and Security Policy and Equity, Diversity and Anti-discrimination Policy. This behaviour includes:
- Disruption of University activity, including lectures, classes, research activity;
- Occupation of a building;
- Behaviour or messages that are racist including antisemitic or islamophobic, or are discriminatory, harassing, vilifying or victimising – as outlined in our anti-racism statement;
- Unlawful behaviour or messages including those which are threatening or abusive;
- Damage to property; or
- Physical violence.
Instances of the above behaviour will be investigated and all available action taken. Where actions likely breach the law they will be referred to Victoria Police.
Students and members of the community who are engaged in protest have repeatedly requested Victoria Police to attend campus on several occasions over the past week. As a result, Victoria Police will provide an ongoing community policing presence on campus to ensure the safety of students and staff, and the wider community.
The Australian Constitution protects freedom of political communication. The Victorian Charter of Human Rights and Responsibilities enshrines fundamental civil and political rights, including freedom of expression, peaceful assembly, and freedom of association. But they are not without limit. The rights in the Charter are subject to such reasonable limits as can be demonstrably justified in a free and democratic society based on human dignity, equality and freedom. Federal and Victorian law contain prohibitions against violence, property damage, unwarranted discrimination, harassment and vilification. The Monash University Regulations also contain reasonable limits on those fundamental rights.
Monash is committed to developing future leaders. We have both the opportunity and the responsibility to support our students to understand one another and build dialogue and understanding. This requires our best efforts, especially in times of deep disagreement, pain and trauma.
These best efforts include us drawing a line between free speech and speech that can be justifiably 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. Rather, the distinction is one of harm. There can be no tolerance for thinly disguised antisemitism, islamophobia or other prejudice that harms individuals and communities.
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. They are not designed to stop people from having debates about difficult topics of public policy or of offering criticism. They are designed to encourage, indeed they require, people to have those debates and engage in criticism in ways that do not harm others. This includes not harming the ability of others to participate in those very debates. You cannot wish away the very presence of someone or something you disagree with or dislike.
The University acknowledges that while some language may be considered offensive, it will, nonetheless, be protected by the principles of academic freedom. Language used in some recent social media posts, chants and slogans 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 or vilify.
I also remind all members of the Monash community that hate speech is a criminal offence and instances will be reported to Victoria Police who will attend and investigate and prosecute as is appropriate.
Monash is a community of many diverse student voices and the University is continuing to work in close dialogue with our registered student organisations. These student organisations are constructively representing the views of Monash students and the University is listening and engaging with these groups and responding meaningfully to their concerns. They are part of the University’s key decision making forums.
We are committed to listening, learning and bringing together the voices of our students to generate mutual understanding, and to keep all members of our community safe – this is how together we can enable a better future not just for our own benefit but for the benefit of the entire community.
Kind regards,
Professor Sharon Pickering
Vice-Chancellor and President
Updating our community
A dedicated website has been created to keep our community up-to-date. We encourage you to visit the website regularly for the latest University information and updates. We acknowledge the significant media and social media interest in these matters – and are working to ensure ongoing access and transparency to information to ensure the community remains informed.
Support and wellbeing
The relevant teams are working to ensure the wellbeing and safety of all in our community. Monash has various support services to support our students. Students can report concerning, threatening and inappropriate behaviour to the University’s Safer Community Unit, and Security is available on 03 9902 7777 for assistance on campus, or 03 9905 3333 for emergencies.