Government to implement free speech law for universities

The UK government has confirmed its plans to reintroduce a piece of legislation intended to protect free speech on university campuses.

The Higher Education (Freedom of Speech) Act, which envisions the implementation of fines for universities failing to uphold freedom of speech, was passed under the previous Conservative government in 2023.

The law is being brought back after the education secretary, Bridget Phillipson, paused its implementation in July days before it was to be enforced, over fears about student welfare due to an increase in hate speech on university campuses.

[The act] consisted of new powers in which the Office for Students (OfS) would have been able to impose fines or sanctions on higher education providers and student unions in England

The act stated that universities had a responsibility to “secure” and “promote the importance” of freedom of speech. It consisted of new powers in which the Office for Students (OfS) would have been able to impose fines or sanctions on higher education providers and student unions in England.

Additionally, students, staff, and visiting speakers would be able to seek compensation if the universities breached their duty of protecting freedom of speech and academic expression.

Phillipson said that the government intended to progress with the legislation, but only after making a significant number of changes.

Academic freedom, Phillipson said, was “much more important than the wishes of some students not to be offended”. However, the government says it will remove the section of the act that allows people to sue universities should they fail to uphold their obligations towards free speech and academic expression.

The government justified the decision by saying that this could lead to long and costly legal cases.

The government hopes to provide a version of the act that will protect minority groups on campuses while endorsing free speech

Moreover, student unions would no longer be held directly responsible under the act, despite Phillipson stating that they would still be expected to support freedom of speech and be held accountable by their university.

The government hopes to provide a version of the act that will protect minority groups on campuses while endorsing free speech.

Under the act, protests that have recently taken place on university campuses, such as the calls for a ceasefire in Gaza, will no longer be among what Phillipson termed the “unacceptable” cases where freedom of speech is not upheld on university campuses.