On Hold: The Higher Education (Freedom of Speech) Act 2023

What does this mean for employers?

The Education Secretary has said that the Government will now consider whether the Act will be repealed. Existing freedom of speech law remains in force and higher education providers will still have a legal duty to uphold freedom of speech.

However, if the Act is repealed, this would mean that higher education providers who may have already begun to prepare for a new formal complaints system for breaches of freedom of speech or who have drafted a Code of Practice to assist with the promotion of freedom of speech, will no longer need these. They will also no longer face the risk of fines for failing to promote the importance of lawful freedom of speech and academic freedom.

Why was it put on hold?

The Act was intended to protect free speech within the law, not unlawful speech. However, it was controversial due to concerns that it would be used to protect those using hate speech, that it might be damaging to student welfare, particularly for minority groups, and that it might expose higher education providers to costly legal action that could impact teaching and learning.

Could we see the Act return?

The new Labour government and the Office for Students have pledged that they will now focus on tackling financial security for universities and boosting outcomes for students whilst strengthening protections against harassment and sexual misconduct on campus.

The Government has also promised that it will confirm its long-term plans to protect freedom of speech on campus in due course suggesting a new form of the legislation may be resurrected at some point.

If you have any questions on higher education and free speech, please get in touch with a member of our Employment team.