Higher Education: New freedom of speech act will have significant implications

The Higher Education (Freedom of Speech) Bill is now law. It creates new duties of higher education providers to take steps to protect freedom of speech. Universities, their constituent colleges, and related institutions, including student unions, are all affected. 

It introduces both a new complaints system, allowing students, speakers and visitors to complain to the Office for Students (the primary regulator for higher education providers) if their right to freedom of speech is infringed, and a right to bring civil claims against universities and student unions.

The Government’s aim is to ensure that students and academics can debate controversial ideas and to secure open exchange of ideas in universities. However, many fear that the effect will be to further inflame campuses already lit up with so-called “culture war” controversies. The Act does nothing to assist universities and student unions with the already difficult job balancing competing rights of freedom of expression with protecting minorities from harassment and abuse. At a time when funding in the higher education sector is stretched to breaking point, it also requires that universities and student unions (not the organisers of events) bear the costs of security in all but exceptional cases.

The Act requires higher education providers and student unions to formulate and publish a code of practice setting out how they will discharge their new duties in practice. At the same time, many are considering making “inclusion statements”, to express support for and protect minorities who may be affected.

No doubt it will not be long until an institution is referred to the Office for Students or becomes a respondent in a civil claim.