Higher Education (Freedom of Speech) Act 2023
The question
To ask the Secretary of State for Education, what recent progress her Department has made on implementing the Higher Education (Freedom of Speech) Act 2023.
Answered by Josh MacAlister
On 28 April, my right hon. Friend, the Secretary of State for Education, signed commencement regulations, bringing the following provisions into force on 1 August 2025:
- Duties on higher education (HE) providers (and their constituent institutions) to take reasonably practicable steps to secure freedom of speech within the law, to put in place a code of practice on freedom of speech and academic freedom, and to promote freedom of speech.
- The ban on non-disclosure agreements for staff and students at HE providers in cases of bullying, harassment and sexual misconduct.
- The duties on the Office for Students (OfS) to promote freedom of speech and the power to identify good practice and advise HE providers on it.
We are seeking a suitable legislative vehicle to amend and repeal other elements of the Act in due course, including in relation to the complaints scheme.
In the meantime, the OfS published its regulatory guidance on free speech on 19 June 2025. 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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