Govt revives free speech law for universities

The UK government plans to reintroduce the Higher Education Freedom of Speech Act, initially passed in 2023 under the Conservative government.

The legislation, aimed at protecting free speech on university campuses, was paused by Labour in 2024 over concerns about its impact on student welfare and potential misuse.

The original law required universities to “secure” and “promote” free speech, empowering the Office for Students (OfS) to fine universities and student unions for violations. It also proposed a complaints scheme for students, staff, and visiting speakers to seek compensation if their free-speech rights were breached.

Education Secretary Bridget Phillipson halted its implementation, citing fears it could enable hate speech and expose universities to costly legal challenges.

Critics, including government sources, referred to it as an "antisemite charter," warning it might legitimise offensive speech, such as Holocaust denial.

The government has since revised the legislation, though the changes remain unclear.

A government source stated, "Academic freedom matters more than students not being offended," assuring that a robust complaints process will be included.

Vivienne Stern, chief executive of Universities UK, welcomed the law’s return, calling academic freedom “essential,” but cautioned that the complaints process could create bureaucratic challenges for universities.

Free speech on campuses has become a contentious issue, with high-profile protests such as those against gender-critical academic Kathleen Stock and incidents of "no-platforming," where controversial speakers are barred from events.

Former Education Secretary Gavin Williamson defended the original law, stating it would allow individuals to express views that don’t cross the threshold of hate speech or incitement to violence.

The revised bill is expected to address these issues while maintaining the balance between academic freedom and student welfare.