Developments in Free Speech Law: What University Students Need to Know

The landscape of free speech on university campuses in the UK has been evolving rapidly over the past months, with recent developments reflecting an increased focus on safeguarding free speech while maintaining a respectful and inclusive academic environment. As the legal framework continues to shift, it’s important for students to understand how these changes may impact their rights and responsibilities.

In light of the government’s reaffirmation of the provisions in the Higher Education (Freedom of Speech) Act 2023, announced on the 15 January 2025, this guide provides an overview of the latest updates and what they mean for you as a university student.

The Higher Education (Freedom of Speech) Act 2023: Key Provisions

The Higher Education (Freedom of Speech) Act 2023 represents the most significant change in free speech law within higher education in recent years. The Act introduces several important measures to protect free speech and academic freedom, ensuring that university campuses remain places for open debate and the free exchange of ideas.

Duty to Promote Free Speech: 

Universities and student unions will be legally required to actively promote free speech on campus. This means that no individual or group can be denied a platform based on their views, as long as those views are lawful. Institutions will be expected to take proactive steps to ensure all lawful speech is protected, regardless of how controversial or unpopular it may be.

Free Speech Champion:

The Act has established a new role within the Office for Students (OfS) – the Free Speech and Academic Freedom Champion. This individual will be responsible for overseeing compliance with free speech duties and has the authority to investigate and enforce these rules. The creation of this role signals a stronger commitment to protecting free speech and holding universities accountable.

Legal Redress: 

If, once the new law comes into force, you believe your free speech rights have been infringed by a university or student union, the Act will provide a  route for legal redress. You will be able to seek compensation or other remedy through the legal system, allowing you to hold institutions accountable for any violations of your rights.

Code of Practice:

Under the new law, universities will have to develop and publish a code of practice that outlines how they will promote free speech. This code will include procedures for handling complaints, and for ensuring that events and speakers are able to proceed without unlawful interference. It will serve as a reference point for students and staff to understand how free speech is protected and managed at their institution.

What the Government says about Free Speech Legislation

The Labour Government says that universities who flout the free speech rules will be held publicly accountable and may fines, in addition to paying compensation to students.

There is wonderful news in that the use of non disclosure agreements will be banned when used for silencing victims of bullying, harassment or sexual misconduct on campus.

What Does This Mean for University Students?

Recent developments bring several key implications for students, especially in relation to your right to free speech:

Enhanced Protections for Free Speech: 

The changes bring stronger protections for your right to express your views. If you feel your ability to speak freely is being restricted, you now have clearer channels to challenge this, ensuring that universities cannot easily silence minority or controversial opinions.

Increased Accountability for Universities and Student Unions: 

Under the new law, universities and student unions are held to a higher standard when it comes to protecting free speech. They must adhere to clear guidelines and are accountable for ensuring that all viewpoints, even controversial ones, are allowed to be expressed in an appropriate manner.

Clearer Policies for Students: 

The Act requires universities to publish clear policies regarding free speech. Familiarise yourself with your institution’s code of practice and understand the procedures for reporting and resolving any issues you may encounter. Knowing your rights and the institutional procedures for dealing with disputes will empower you to navigate potential challenges more effectively.

Supporting an Inclusive Environment While Upholding Free Speech

While free speech is essential, universities also need to ensure that their campuses remain inclusive and respectful spaces for all students. Here’s how you can contribute to this balance:

Promote Open Dialogue: 

Encourage and participate in open, respectful discussions with your peers. Engage in or organise forums, panels, and debates where different viewpoints can be explored and debated freely. These discussions help cultivate a culture of intellectual exchange and understanding.

Respect Differences: 

While advocating for free speech, be mindful of the impact your words may have on others. It’s important to promote an environment where all individuals feel safe and respected, even when engaging with challenging or opposing viewpoints.

Get Involved in Campus Initiatives: 

Join student unions or other campus organisations that champion free speech and inclusivity. Being part of these groups gives you a voice in shaping campus culture and ensuring that the principles of free speech are upheld, alongside fostering an environment of mutual respect.

Staying Informed and Engaged

The legal landscape surrounding free speech in UK universities is evolving, and staying informed is essential to navigating your rights and responsibilities. Students have an important role in ensuring that universities remain a place where open dialogue, diverse ideas, and academic freedom can flourish. By understanding the recent developments, engaging in respectful conversations, and supporting an inclusive atmosphere, students can help uphold the values of free speech while promoting a positive campus environment.

If you need guidance on how to handle specific situations or would like further information on your rights, don’t hesitate to get in touch with us. We’re here to help.