New law strengthens free speech protections at universities

Universities and colleges in England now face stronger legal duties to protect freedom of speech following the implementation of the Higher Education (Freedom of Speech) Act.

The government says the law will ensure campuses remain spaces for open debate without fear of censorship.

Institutions must now actively promote academic freedom and "ensure campuses are places where robust discussion can take place without fear of censorship of students, staff or external speakers expressing lawful opinions."

Universities will also be banned from using non-disclosure agreements to silence victims of bullying, harassment or sexual misconduct.

The Office for Students (OfS), the sector regulator, has new powers to investigate breaches and impose fines on universities that fail to uphold free speech rights.

Skills Minister Jacqui Smith said: “Academic freedom is non-negotiable in our world-leading institutions, and we will not tolerate the silencing of academics or students who voice legitimate views. These strengthened protections make this explicitly clear in law.”

The new law introduces an OfS complaints scheme allowing academics, external speakers and staff to trigger investigations if their speech rights are infringed. Students can take complaints to the Office of the Independent Adjudicator.

Some proposed provisions have been removed from the Act, including a statutory tort that would have allowed individuals to sue universities for breaches of free speech duties. Education Secretary Bridget Phillipson said it risked “costly litigation that would divert resources away from students.”

The law was initially passed in 2023 but paused in 2024 over concerns it could burden universities. It has now been reintroduced under Labour’s Plan for Change, with the Department for Education saying it will “restore universities as engines of growth, opportunity and innovation” while fostering a culture of academic freedom and open enquiry.

In March, the University of Sussex received a record £585,000 penalty after a three-and-a-half-year investigation into the resignation of Professor Kathleen Stock, who left her post following protests over her views on gender identity.

The OfS' investigation found the university's trans and non-binary equality policy had a 'chilling effect' on free speech and could lead to students and staff self-censoring their views.

OfS Director Arif Ahmed warned that future fines could be even higher.

He added, "Free speech and academic freedom are fundamental to the quality of students’ education and their experience in higher education.

“These are an important set of measures which will further protect students from harassment while ensuring that students and academics are free to discuss controversial views, including those which some might find shocking or offensive.”