Free speech rules to protect academic freedom come into force

Students, academics and external speakers at universities in England will have their freedom of speech protected by robust new laws coming into force today (Friday 1 August).

Under the strengthened rules introduced by this government, universities must actively promote academic freedom, ensuring campuses are places where robust discussion can take place without fear of censorship of students, staff or external speakers expressing lawful opinions.

Universities will also be banned from using non-disclosure agreements to silence victims of campus misconduct, protecting vulnerable individuals who may have faced harassment, abuse or sexual assault.

If lawful free speech is silenced the Office for Students (OfS) can investigate, and can take action if universities are found to have failed to protect free speech rights.

The OfS’ director for free speech and academic freedom has warned institutions that flout the new rules could face record penalties, after the University of Sussex was given a landmark £585,000 fine for its failure to uphold free speech in March. Arif Ahmed said future fines could be higher.

These robust protections deliver on the government’s Plan for Change by restoring the integrity of our universities as rigorous centres of intellectual debate, recognising them as a key driver for delivering growth and opportunity across the country.

Skills Minister Jacqui Smith said:

Academic freedom is non-negotiable in our world-leading institutions, and we will not tolerate the silencing of academics or students who voice legitimate views.

These strengthened protections make this explicitly clear in law, and the record fine already handed down by the OfS has put universities on notice that they must comply or face the consequences.

Through our Plan for Change we are restoring our world class universities as engines of growth, opportunity and innovation, and fostering a culture of free enquiry and academic freedom is at the heart of that.

In future a new OfS complaints scheme will ensure academics, external speakers and staff can trigger investigations that could lead to fines if their free speech is not protected. Students will have their free speech complaints considered through the Office of the Independent Adjudicator.

The legislation will also ensure student unions are subject to new rules, by holding universities accountable for their activities.

The Education Secretary has previously announced that elements of the Act that could have saddled universities with disproportionate legal costs will be removed, as they would have rendered the rules unworkable.

Jewish community organisations had also raised fears the tort might lead some providers to unduly prioritise speech which is hateful or degrading over the interests of those who are at risk of being harassed and intimidated.

Overseas transparency measures contained in the Act will remain under review while the government assesses the impact of the recently-introduced Foreign Influence Registration Scheme.

The Office for Students already has powers to require information in response to concerns about free speech or academic freedom, including issues related to suspected foreign interference and funding.