Breaking: new duty to protect free speech put on the back burner

The government has halted the Higher Education (Freedom of Speech) Act 2023 six days before it was due to come into force.  

Bridget Phillipson, the Secretary of State for Education, has said that she is considering options about what to do with the legislation, one of which is to repeal the Act in its entirety because of concerns that it would be burdensome to implement for providers and the Office for Students. 

Colleges are under an existing duty to take reasonable steps to ensure freedom of speech within the law for staff, members, students and visiting speakers in accordance with the Education (No 2) Act 1986. But the additional duties set out in this Act which would have required colleges to have “particular regard” to the importance of free speech, and to allow academics to question and test received wisdom, put forward new ideas and controversial or unpopular opinions, will not now come into force on 1 August 2024.

The Secretary of State has said that she will confirm her long-term plans “as soon as possible”. We'll keep you updated.

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