The government is expected to reactivate a piece of legislation aimed at protecting free speech on university campuses. The Higher Education Freedom of Speech Act, which was passed under the previous, Conservative government in 2023, was implemented, but its implementation was stopped after Labour’s election win in 2023 over concerns the law was potentially damaging to student welfare. A government source has said the legislation is now being recommenced to make it workable. The act said universities had a duty to “secure” and “promote the importance” of freedom of speech and academic expression. It included controversial new powers in which the regulator, the Office for Students (OfS), would have been able to fine or sanction higher education providers and student unions in England. A new complaints scheme for students, staff, and visiting speakers was also included, which could seek compensation if they suffered from a breach of a university’s free-speech obligations. However, the law was paused due to concerns it could protect people using hate speech on campuses and expose universities to expensive legal action. After six months of consideration, the law is now being reactivated, with a government source saying that academic freedom mattered more than students not being offended, and there would be a proper complaints process in place.
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