The UK government has confirmed its decision to reintroduce a revised version of the Higher Education Freedom of Speech Act, a law initially passed under the Conservative government in 2023, aimed at safeguarding freedom of speech on university campuses. However, the new version of the bill will come with several significant modifications to address concerns over student welfare and potential legal challenges.
The Original Law and Its Controversial Provisions
The original version of the Higher Education Freedom of Speech Act included provisions that required universities to “secure” and “promote” freedom of speech and academic expression on campus. The bill granted the Office for Students (OfS) the power to fine or sanction universities and student unions that failed to uphold these duties. Additionally, a complaints mechanism was introduced, allowing students, staff, and visiting speakers to seek compensation if their freedom of speech was violated.
However, the law was met with significant backlash after it was passed. Critics, including government sources, raised concerns that it could allow individuals with extreme or hate-driven views, such as Holocaust deniers, to speak on university campuses, potentially endangering students’ welfare and triggering costly legal battles. The law was subsequently paused by Education Secretary Bridget Phillipson in July 2023, just days before it was set to come into effect.
The Revised Approach: A Balanced Solution?
In light of these concerns, the government has decided to reintroduce the legislation with a more balanced approach. In her statement to Parliament, Phillipson emphasized that academic freedom is of paramount importance, arguing that it should outweigh the desires of some students not to be offended. However, the government has decided to remove provisions that would allow individuals to sue universities for failing to uphold free speech, a change aimed at preventing potentially expensive legal proceedings at a time when many universities are already facing financial strain.
The revised bill also eliminates the direct responsibility of student unions in upholding free speech, though they will still be expected to support and promote freedom of expression within their institutions. This move has been welcomed by the National Union of Students, which had expressed concerns about the heavy legal burdens the original law would place on student bodies.
A Continuing Role for the Office for Students (OfS)
While the government has scaled back some of the original provisions, the OfS will retain its powers to investigate breaches of free speech on campuses and issue fines to institutions found in violation of their obligations. This aspect of the law is intended to ensure that universities are held accountable for promoting academic freedom while also safeguarding the well-being of their student bodies.
Despite these adjustments, the revised bill has been met with criticism from some quarters. Shadow Education Secretary Laura Trott described the changes as a “wrecking ball” to the original policy, raising questions about the consequences universities would face if they were found to breach free speech duties without the threat of legal action.
Balancing Freedom of Speech and Student Welfare
The government has emphasized that the revised law aims to strike a balance between protecting minority groups and defending freedom of speech on campuses. The Union of Jewish Students (UJS) expressed support for the changes, acknowledging that the government had taken into account concerns raised by the UJS and other groups.
Vivienne Stern, CEO of Universities UK, which represents 140 higher education providers, also welcomed the return of the legislation, highlighting that academic freedom and freedom of speech are essential for the integrity of universities. However, she cautioned that some provisions in the original act would have been difficult for universities to implement and could have resulted in operational difficulties.
Protests and Concerns Over ‘No Platforming’
The issue of free speech in universities has been a hot topic in recent years, with numerous protests and incidents of “no platforming”—where controversial speakers are banned from campus events. One of the most high-profile cases involved gender-critical academic Kathleen Stock at Oxford, whose talk was disrupted by protests. Similarly, Prof Jo Phoenix, a gender-critical academic, was found by an employment tribunal to have been discriminated against and harassed due to her beliefs. Such cases have drawn attention to the alleged suppression of free speech at some UK universities.
However, critics of the revised bill, such as Prof Phoenix, argue that the legislation in its new form remains inadequate. She described it as a “toothless tiger,” suggesting that it still does not address the real and ongoing threats to free speech at UK universities. She pointed to continued challenges faced by those with controversial views, asserting that the revised law does not go far enough in protecting academic freedom and expression.
Looking Ahead
As the government moves forward with the revised Higher Education Freedom of Speech Act, the higher education sector will likely continue to debate the balance between freedom of expression and the need to ensure safe, inclusive environments for all students. While the changes to the bill are seen as a compromise, the real impact of the law will depend on its implementation and the willingness of universities to foster open dialogue while protecting vulnerable groups from hate speech or incitement to violence.
The legislation has the potential to set a precedent for how free speech is regulated on university campuses across the UK and beyond, and its passage may signal a shift in how universities approach controversial topics and speakers. However, with ongoing concerns over student welfare and the risk of legal challenges, the full impact of the law remains to be seen.
