Higher Education and Freedom of Speech - Where next?

Sponsored by the School of Policy & Global Affairs

The Higher Education (Freedom of Speech) Act (2023) – brought in by the former Conservative government – was due to be implemented this August 2024. With a surprise snap election and a new Labour government, the commencement of this Act has been postponed.

What are the roots of the Higher Education (Freedom of Speech) Act (2023)? How will a new government challenge its initial vision? What does freedom of speech mean for Higher Education? And how do these acts affect society more widely?

With an introduction by convenor Ian Pace, Professor of Music, Culture and Society, City St George’s, University of London, the event will see academics and others from across the political spectrum discuss the significance behind the act and what they hope to see moving forward.

David Abulafia, Professor of History, University of Cambridge
Jim Dickinson, Associate Editor, WonkHE
Ewan McGaughey, Professor of Law, King’s College London
Jo Phoenix, Professor of Criminology, Reading University
Akua Reindorf KC, Barrister, Cloisters Chambers; Visiting Senior Fellow, London School of Economics
David Ruebain, Professor of Culture, Diversity and Inclusion, University of Sussex

Chair: Amnon Aran, Professor of International Politics, City St George’s, University of London

The 2019 Conservative Party Manifesto contained a commitment to ‘strengthen academic freedom and free speech in universities’. In 2019-20 there was a series of high-profile incidents relating to these issues, and as a result  in February 2021 then Education Secretary Gavin Williamson issued a paper containing new statutory measures to protect free speech and academic freedom in universities, including new appeal processes for academics who thought their rights had been breached. This led to the introduction of a Higher Education (Freedom of Speech) Bill in May 2021 which was criticised from various quarters, including parts of the Labour party, the University and College Union, and the National Union of Students, on the grounds of allegations that this would protect hate speech, that other factors including precarity and management culture were a greater threat to academic freedom, as well as concerns about proposed regulation of student unions and security costs.

After back-and-forth deliberations between the House of Lords and Commons was finally passed with some cross-party support, and received royal assent in May 2023. Cambridge philosopher Arif Ahmed was appointed as OfS Freedom of Speech Director in June, and draft guidance was issued in 2024 on implementation, subject to consultation.

This made clear the extent of the cultural changes which were likely to result.  Following the issuing of the statutory instrument in April 2024, many provisions of the act were due to come into effect on 1 August 2024. However, a general election on Thursday 4 July brought about a new Labour Government, and less than a week before it was to become active, new Education Secretary Bridget Phillipson announced that she was postponing the commencement of the act, ‘in order to consider options, including its repeal’. This brought about a range of strong responses from different stakeholders, some welcoming its possible repeal, others from academic freedom groups greatly disappointed by this outcome.

A final decision is still awaited from the Department of Education, who have held consultation meetings with a range of stakeholders. This debate, which features representatives of various stakeholder organisations, is an opportunity to discuss the various options for the government to consider before making their decision.