Government to revive university free speech law
The government is set to reactivate the Higher Education Freedom of Speech Act, a controversial piece of legislation designed to safeguard free speech on university campuses in England. Initially passed in 2023 under the previous Conservative government, the law’s implementation was halted last year after Labour’s electoral victory, amid concerns it could harm student welfare and enable hate speech.
The law and its aims
The higher education freedom of speech act places a legal duty on universities to “secure” and “promote the importance” of free speech and academic expression. It grants new powers to the Office for Students (OfS), the sector’s regulator, to fine or sanction higher education institutions and student unions that fail to uphold free speech obligations.
The legislation also introduces a complaints mechanism, allowing students, staff, and visiting speakers to seek compensation if their right to free speech is violated. The aim is to address growing concerns over “cancel culture” and incidents where speakers with controversial views have been barred from campus events.
Why it was paused
In July 2024, just days before the act was due to come into force, education Secretary Bridget Phillipson suspended its implementation. The decision was made over fears the legislation could inadvertently provide legal protections for individuals promoting hate speech. A government source at the time referred to the act as an “antisemite charter,” warning it could allow Holocaust deniers and other extremists a platform on campuses.
Phillipson argued in Parliament that the delay was necessary to assess whether the law should be repealed altogether, prioritising student welfare and safety over the risk of expensive legal challenges for universities.
The government’s decision to reactivate
After six months of review, the government has decided to reactivate the legislation, though it remains unclear what changes, if any, will be made to its original provisions. A government source stated that while free speech is a fundamental principle, “academic freedom matters more than students not being offended.”
The same source suggested that the reactivated law would include a proper complaints process to address concerns about misuse. However, precise details on how the legislation will differ from its original form have not yet been disclosed.
A history of controversy
The act has been divisive since its introduction. Its proponents, including former Education Secretary Gavin Williamson, have argued that it is necessary to protect the right of individuals to “articulate views which others may disagree with, as long as they don’t meet the threshold of hate speech or inciting violence.”
Critics, however, warn that the legislation could embolden hate groups and place universities in difficult positions, forcing them to host speakers whose views could provoke outrage or harm marginalised communities.
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The issue of free speech on university campuses has gained increasing attention in recent years. Protests have erupted over events featuring contentious speakers, such as gender-critical academic Kathleen Stock, whose appearance at Oxford sparked significant backlash. Other high-profile cases have involved “no-platforming,” where controversial speakers are barred from speaking at events.
Reactions and implications
The decision to revive the law is likely to reignite the debate over the balance between free speech and safeguarding students. Advocates argue that universities must remain bastions of free thought and debate, even when the views expressed are unpopular or contentious.
Opponents, however, caution that the law could expose institutions to costly legal battles and create a hostile environment for students, particularly those from marginalised backgrounds.
As the government works to finalise the reactivated legislation, education experts, legal analysts, and advocacy groups will be watching closely to see how it addresses the delicate balance between protecting free speech and ensuring campus safety.
For now, the government appears committed to ensuring that the principles of free expression are upheld in higher education, even as the challenges of implementing such legislation remain substantial.
