How can universities balance academic freedom with the need to protect against antisemitism? As Australian students return to university campuses, the question of how to protect academic freedom and freedom of speech while also safeguarding the safety and well-being of Jewish students and staff is at the forefront of many minds. A recent study by the Australian Human Rights Commission found that over 90% of religious Jewish students and staff had experienced racism at university, with high rates also reported for secular Jewish, Middle Eastern, Indigenous, and Asian students. This highlights the delicate balance universities must strike between fostering an environment of robust debate and ensuring the safety and well-being of all students and staff. But here's where it gets controversial: how can universities effectively regulate antisemitic speech without infringing on freedom of speech or academic freedom? The answer lies in a voluntary model code for academic freedom and freedom of speech, developed by former High Court chief justice Robert French in 2019 at the federal government's request. This code sets out guidelines for universities to ensure freedom of lawful speech and academic freedom, subject to certain restrictions. In 2026, universities will be required to demonstrate they have taken meaningful steps to regulate antisemitic speech, with a report card system assessing their policies, complaints processes, and antisemitism awareness. This means universities must navigate the fine line between allowing robust debate and taking disciplinary action against unlawful speech, such as incitement of violence or hatred toward protected groups. The challenge for universities is to create respectful learning environments while allowing some discomfort in engaging with difficult ideas. This requires a nuanced approach, with universities needing to take detailed legal advice and consider the context of any speech or behavior. Ultimately, the goal is to ensure that universities remain places of robust debate, where students and staff feel safe to study, work, and participate in these debates, while also protecting against antisemitism and other forms of discrimination.
