Controversial Free Speech Legislation Returns: What It Means for Universities

The UK government is poised to revive the Higher Education Freedom of Speech Act, a piece of legislation originally passed in 2023 under the Conservative government aimed at protecting free speech on university campuses. Following Labour’s election victory last summer, the implementation of this act was halted due to concerns over potential harms to student welfare and the possibility of allowing hate speech under the guise of free expression. The act mandates universities to promote and secure freedom of speech and empowers the Office for Students (OfS) to penalize institutions that fail to comply, which includes a new complaints mechanism for students, staff, and visiting speakers who experience breaches of this obligation.

Despite the halted implementation, a government source has indicated that the legislation is being reactivated after a review period. Although the precise modifications to the law remain unclear, it is suggested that the focus will prioritize academic freedom over students’ comfort. Education Secretary Bridget Phillipson previously expressed concerns that the law could enable harmful speech on campuses, including potentially allowing hate speech and putting universities at legal risk.

The law’s provisions aim to ensure that speakers can share their views without fear of being silenced, provided they do not incite violence or cross into hate speech. This legislative move comes amid rising tensions on campuses, highlighted by protests against controversial speakers and instances of individuals being ‘no-platformed’—a term used when speakers are barred from participating in events. As the government plans to implement these changes, the debate surrounding the balance between free speech and protecting students from harmful rhetoric is set to continue.