Universities are places for students to intellectually engage with academic material and sociopolitical topics alike. Oxford University believes that “free speech is the lifeblood of a university” enabling “the pursuit of knowledge”.
Recently, the current Labour government has confirmed plans to protect the existence of freedom of speech and expression within university spaces. The Higher Education (Freedom of Speech) Act was originally passed under the previous Conservative government in 2023 and was due to be introduced just after Labour’s election in the summer of 2024.
Labour ceased implementation of the legislation due to concerns from vulnerable groups that it could be harmful to their welfare by allowing hate speech to occur. However, a press release on Gov.UK on January 15th confirmed that key provisions of the Higher Education (Freedom of Speech) Act 2023 will now be brought into force.
The Act states that it will defend “the free speech rights of students, academics and speakers”. This will be enacted by requiring all universities to have “robust codes of practice”, designed to ensure that freedom of speech is upheld. These codes of practice will be enforced by the Office for Students, an independent regulator of higher education in England that has the aim of promoting fulfilling higher education experiences for students.
The government press release also reveals that the Office for Students will be given the power to investigate concerns and complaints about potential breaches of free speech from “academics, external speakers and members of universities”. They will further be able to issue fines and penalties if any breaches are found.
Non-disclosure agreements that are used to “silence victims of bullying, harassment or sexual misconduct” within university spaces have also been banned.
Simultaneously, in a change from the original Act proposed and passed by the former Conservative government, the Labour government has removed the tort. The tort is a legal mechanism which permitted anyone who claimed their freedom of speech was impeded to pursue legal action against universities. According to a published statement by Chief Executive of Universities UK Vivienne Stern MBE, the inclusion of the tort “risked creating undue legal and financial burden for universities”. Its removal further means the threat of legal action is no longer hanging over student unions at a time where finances are limited.
Its removal is therefore “absolutely essential in order for institutions to continue their world-leading education and research.”
Free speech concerns will instead be addressed and dealt with by the Office for Students.
In a statement in Parliament, Education Secretary Bridget Phillipson said that freedom of speech within academia is “much more important than the wishes of some students not to be offended”. She explained that universities are a “place for ideas to be exposed and debated” and not “a place for students to shut down any view with which they disagree”.
The proposal and future implementation of the Higher Education (Freedom of Speech) Act has elicited both criticism and support. Without the threat of legal action, university student unions can focus their attention on supporting students and creating a positive university environment for all. Alternatively, the act requires an understanding of the distinct differences between freedom of speech and hate crime and speech that incites violence.
For anyone unsure of their rights, the University of Oxford Code of practice on Freedom of Speech offers comprehensive guidance.
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