New Bill to stamp out unlawful ‘silencing’ at universities

A new bill introduced in Parliament will strengthen the legal duties on higher education providers in England to protect freedom of speech on campuses, for students, academics and visiting speakers.

The Higher Education (Freedom of Speech) Bill will bring in new measures that will require universities and colleges registered with the Office for Students to defend free speech and help stamp out unlawful ‘silencing’.

For the first time, these legal duties will also be extended to students’ unions, which, under the measures in the Bill, will have to take reasonably practicable steps to ensure lawful freedom of speech.

A new Director for Freedom of Speech and Academic Freedom will sit on the board of the Office for Students, with responsibility for investigations of breaches of the new freedom of speech duties, including a new complaints scheme for students, staff and visiting speakers who have suffered loss due to a breach.

Universities Minister Michelle Donelan said: "The values of freedom of speech and academic freedom are a huge part of what makes our higher education system so well respected around the world.

"Which is why this government will tackle head on the growing chilling effect on our campuses which is silencing and censoring students, academics and visiting speakers.

"This Bill will ensure universities not only protect free speech but promote it too. After all how can we expect society to progress or for opinions to modernise unless we can challenge the status quo?"

The government has been clear throughout that it is important to distinguish between lawful, if offensive, views on one hand and unacceptable acts of abuse, intimidation, and violence on the other.

Higher education providers and students’ unions must ensure that they comply with their legal duties on discrimination and harassment as well as their legal duties to protect freedom of speech.