Education Secretary Bridget Philipson confirmed on January 15 2025 that the Higher Education Freedom of Speech Act 2023 will be implemented, albeit with notable revisions and delays.
Initially passed in May 2023 but never implemented, Philipson put the act on hold when Labour came to power to be reviewed to include potential amendments or even a full repeal.
The revised act seeks to remove a key clause that could have allowed people to sue universities over perceived restrictions on free speech.
Her decision to delay new legislation sparked criticism, with Conservative MPs accusing her of hostility toward free speech on campus.
Philipson has argued that removing the clause will ease such pressures and prevent excessive litigation that could overwhelm the courts.
She also warned that the fear of legal repercussions has discouraged institutions from inviting speakers, ultimately harming rather than fostering free speech on campus.
The Government press release highlighted concerns about minority groups, particularly Jewish students, who had been affected by the statutory offence.
This statement justified the revision by describing the previous legislation as “disproportionate, burdensome, and damaging to student welfare”.
Shadow Education Secretary Laura Trott claimed that the government deliberately avoided the issue [What does this mean? deliberately avoided the issue how? avoided what issue?]. The Guardian reported that Trott claimed Philipson only reconsidered her stance after facing public backlash from academics and student groups.
Philipson defended her team’s approach, stating: “The decision we are making about the Act demonstrates that we were right to pause the commencement and review its impact before deciding on its future”.
The revised legislation still requires universities to uphold free speech, establish codes of conduct, and enforce penalties for non-compliance.
The Office for Students (OfS) – under the continued leadership of Arif Ahmed – will continue to oversee enforcement and handle complaints.
Non-disclosure agreements to silence staff or students on issues like bullying, harassment, and sexual misconduct remain banned, with violations risking fines, compensation payments, or even suspension.
Student groups have welcomed the revisions to the Act overall. The National Union of Students (NUS) praised the changes, with its president, Amira Campbell, emphasising the importance of student unions in fostering open debate.
In an Instagram post, the NUS announced the revision of the Freedom of Speech Act after “years of collective campaigning”.
The NUS post concluded by celebrating this achievement, stating: “We’re delighted to see this culture wars legislation dropped by the new government” while thanking the students and academics who fought for the revisions.
