Government to push ahead with university Free Speech Act - will controversial speakers still be able to sue?

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The Education Secretary says the government is committed to protecting free speech at UK universities 🎓
  • A new act which could see universities sued for failing to uphold freedom of speech was temporarily paused when Labour was elected
  • But the Government has now said it will go ahead, with some changes
  • Universities will still have a responsibility to promote and ensure freedom of speech on campus
  • But they - and student unions - won’t have to worry about other parts of the act any more

Key parts of a temporarily-paused new freedom of speech law for universities will go ahead, the current Government has confirmed, but some of its more “burdensome” and controversial provisions will be scrapped.

The Higher Education (Freedom of Speech) Act 2023 was passed by the previous, Conservative-led government. It would have seen universities that failed to uphold freedom of speech face penalties like fines, or potentially even being sued, the BBC reports. The broadcaster says there have been numerous incidents in recent years of controversial speakers being removed from the roster last-minute at university events, or of large protests by students when they were allowed to go ahead.

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Despite becoming law in 2023, plans to implement the new Act were temporarily shelved after Labour’s 2024 election win. The Government said that this was due to concerns from vulnerable groups that it might harm student welfare, and at the time, was even weighing up options including reviewing or repealing the legislation.

Last week, the Government signalled its intent to forge ahead with the Freedom of Speech Act - at least, in part. However, it will go ahead with significant changes, including to some of its more controversial tenets. But what exactly is set to change, and what will stay the same?

Here’s what we know so far:

Education secretary Bridget Phillipson says the government will push ahead with the law, with some changesEducation secretary Bridget Phillipson says the government will push ahead with the law, with some changes
Education secretary Bridget Phillipson says the government will push ahead with the law, with some changes | (Image: National World/Getty/Adobe Stock)

What has been dropped?

The Department for Education (DfE) confirmed that it would be scrapping what it deemed to be unnecessary parts of the Act, including those which “risk leaving universities vulnerable to disproportionate costs for legal disputes”, like the so-called statutory tort. The Guardian reports that this tort would have allowed legal action against a university by anyone claiming their freedom of speech had been restricted.

The DfE said that this would have left “already struggling providers” diverting money intended for students towards legal fees, some of them likely driven by unnecessary complaints. University fees for domestic students were recently increased for the first time in seven years, with many UK universities reporting that they are struggling financially. Some 40% were expected to run a budget deficit in 2024, and the Office for Students previously forecasted that some four out of five institutions could be in the red by 2027.

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The threat of legal action and the financial fallout for universities breaching their duties under the Act may have pushed some providers to overly defend hateful or degrading speech, the Department said, instead of looking out for students who felt intimidated - including those from marginalised groups - out of fear of the consequences.

Freedom of speech duties which would have been placed on student unions under the original Act will also be dropped. The DfE said that taking on complex legal responsibilities “ would leave the majority student-led organisations to be overwhelmed with additional costs and administrative burdens”, distracting them from their work to support students.

What will the new Higher Education Freedom of Speech Act look like?

Education Secretary Bridget Phillipson said: “Academic freedom and free speech are fundamental to our world-leading universities and this government is committed to protecting them. These changes protect free speech but avoid implementing excessive and burdensome provisions which could have exposed struggling universities to disproportionate costs, diverting money away from students to pay lawyers.

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“The decisions we are making about the Act demonstrate that we were right to pause commencement and to review its impact before making decisions on its future,” she continued.

The Act will still require all universities to create codes of practice to ensure the protection of free speech on campus, which will still be enforced by the Office for Students (OfS), according to the Department for Education. OfS will be in charge of investigating complaints made about free speech from staff members, academics, and even guest speakers - and they will be able to issue fines and potentially end up making universities pay compensation if they find there has been a breach.

University students will be able to make similar complaints to the Office of the Independent Adjudicator (OIA), the DfE said. A new “robust” complaints system will also created, which the Government says will help to uphold academic freedom without exposing universities to the threat of unfair legal costs.

OfS will also be in charge of overseeing another carry-over from the original bill - a complete ban on the use of non-disclosure agreements between universities and staff or students, “to silence victims of bullying, harassment or sexual misconduct on campus”.

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What do you think of the changes to the Freedom of Speech Act, as well as what it will mean for students, universities, and guest speakers? Have your say and make your voice heard by leaving a comment below.

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