How can universities prepare for the Higher Education (Freedom of Speech) Act?

The government introduced the Act with the intention of strengthening freedom of speech and academic freedom in higher education in England, and received Royal Assent in May 2023.  

The legislation will have a wide-ranging impact on universities in England, as well as the role and remit of the Office for Students (OfS), including: 

1. a new strengthened duty to promote freedom of speech and academic freedom 
2. new OfS condition(s) of registration 
3. requirements for codes of practice  
4. regulation of students' unions on freedom of speech 
5. the introduction of a statutory tort 
6. establishment of a free speech complaints scheme 
7. creation of the role of the Director for Freedom of Speech and Academic Freedom 
8. monitoring of overseas funding in relation to risks to academic freedom and freedom of speech 
9. prohibition of non-disclosure agreements in complaints relating to harassment and sexual misconduct 

This briefing sets out the legal landscape around freedom of speech and academic freedom, listing the other legal duties on universities that are relevant to freedom of speech and academic freedom. This includes the European Convention on Human Rights, the Human Rights Act 1998, the Prevent duty, the Equality Act 2010 and the public sector equality duty.  

It also covers what universities may wish to consider when updating existing codes of practice on freedom of speech and academic freedom and offers suggestions of other steps universities can take to prepare for their new duties, including reviewing other governing documents.