Higher Education (Freedom of Speech) Act 2023
The question
To ask the Secretary of State for Education, when her Department will introduce its proposed changes to the Higher Education (Freedom of Speech) Act 2023.
Answered by Josh MacAlister
This government’s changes to the 2023 Free Speech Act will create a more proportionate, balanced and less burdensome approach to protecting free speech and academic freedom in higher education. Strengthened free speech duties on higher education (HE) providers and the Office for Students (OfS) came into force on 1 August 2025, including requirements to promote freedom of speech and academic freedom and, for HE providers only, to put in place enhanced codes of practice. We will also seek to repeal and amend elements of the Act where necessary to ensure it is fit for purpose. This includes seeking to repeal the tort and duties on students’ unions, and to amend the OfS’ free speech complaints scheme and mandatory condition of registration. Making these changes will require primary legislation.
In the meantime, as well as the new provider duties in place, the OfS’ director for freedom of speech and academic freedom continues to work with the sector to offer advice and share best practice, so providers themselves are more effectively protecting free speech and academic freedom.
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