Freedom of speech in universities

Freedom of speech in universities in England is a contentious topic, and has become especially so in light of recent debate surrounding the Higher Education (Freedom of Speech) Act 2023 and its commencement. This briefing explores the issues around freedom of speech, explains recent changes to legislation, and sets out the role of the Office for Students in upholding free speech and academic freedom in universities.

What are the issues?

Concerns have been raised about universities allegedly curtailing freedom of speech through ‘no-platform’ policies, ‘safe spaces’, and perpetuating a general atmosphere of intolerance towards differing opinions. There is also increasing concern about foreign states attempting to influence universities’ research and teaching around sensitive subjects.

There is evidence to suggest that some academics feel limited in discussing certain topics in their teaching. However, research has found most students would prioritise protection from discrimination over the allowance of unlimited free speech.

Official figures from the Office for Students show that only a tiny proportion of events or speakers on university campuses have been cancelled in recent years.

Legal framework

The legal framework underpinning free speech and academic freedom in higher education is complicated and has evolved over a number of decades, including most recently through the Higher Education (Freedom of Speech) Act 2023.

The Education (No. 2) Act 1986 requires higher education establishments to take reasonably practicable steps to ensure that freedom of speech is protected. The Education Reform Act 1988 protects academic inquiry. The framework has since been shaped by employment, human rights, and charity law, and especially the Higher Education and Research Act 2017, which established the Office for Students (OfS) as the regulator of higher education in England. The OfS has powers to take action when a higher education provider is in breach of its free speech obligations.

Higher Education (Freedom of Speech) Act 2023

In 2021, the former Conservative government published a policy paper that argued freedom of speech in higher education is not adequately protected by the current legal framework. Following this, it introduced the Higher Education (Freedom of Speech) Bill 2021, which intended to strengthen and extend the existing legislation.

The bill received Royal Assent on 11 May 2023 and became the Higher Education (Freedom of Speech) Act 2023. However, on 26 July 2024, following that month’s general election, the new Labour government decided to pause the implementation of the act due to concerns over student welfare. Following a review, the government brought into force a number of the act’s provisions in their original form from 1 August 2025, including:

• strengthening the core free speech duties on providers, including a ban on non-disclosure agreements in cases of bullying, harassment, and sexual abuse or misconduct
• requiring higher education providers to put in place codes of practice setting out how they will discharge their free speech duties
• requiring the OfS to promote the importance of freedom of speech

The government also said it would retain the new director for freedom of speech and academic freedom role on the OfS board, to which Professor Arif Ahmed had been appointed in 2023. However, it said some of the act’s provisions would no longer be going ahead, including:

• the statutory tort, which would have allowed staff, students and external speakers to bring civil claims against higher education providers if they felt their freedom of speech was not protected
• the free speech duties placed directly on students’ unions and the requirement for the OfS to regulate compliance with these duties

Repealing these provisions will require new legislation, which the government has said it will introduce “at the earliest opportunity”.

In April 2026, the government said commencement regulations would be made by mid-June to bring two more elements of the act into force:

• the OfS complaints scheme, which will offer a direct route of redress for university staff, external speakers, and non-student members and is set to launch on 1 September 2026
• mandatory OfS conditions of registration, which will require higher education providers and their governance documents to align with the act’s statutory duties from 1 April 2027

Work of the Office for Students in protecting free speech

The Office for Students (OfS) is the higher education regulator in England and a non-departmental public body of the Department for Education (DfE). It has a number of regulatory duties relating to freedom of speech and academic freedom in higher education. These duties are overseen by the director for freedom of speech and academic freedom, who sits on the OfS board. The role was established by the Higher Education (Freedom of Speech) Act 2023.

To be included on the OfS register, higher education providers must meet initial and ongoing conditions of registration. There are two conditions that relate to freedom of speech and academic freedom.

In March 2025, the OfS found that the University of Sussex’s Trans and Non-Binary Equality Policy Statement constituted a breach (PDF) of these conditions, and fined it £585,000. This fine was later found to be unlawful by the High Court, which ruled the OfS had interpreted the meaning of ‘governing documents’ too widely, misinterpreted the legal definitions of freedom of speech within the law and academic freedom, and was biased in its investigation of the University of Sussex.

The 2023 act also established a new complaints scheme, managed by the OfS, to consider free speech complaints made against universities and colleges by staff, external speakers, and university members. Complaints from students will instead be directed to the Office of the Independent Adjudicator for Higher Education.

On 19 June 2025, the OfS published guidance related to freedom of speech.