Students and the Higher Education (Freedom of Speech) Act 2023

Heather McKee, convenor of Student Academics For Academic Freedom (SAFAF), argues that this Act, the whole Act and nothing but the Act is vital to Students.

In 2023, the UK government passed the Higher Education (Freedom of Speech) Act (HEFOSA). It sounds like a piece of boring legislation but, at its core, this new law is about something we all care about the right to speak, think, and debate freely—especially in universities, where ideas are meant to be explored and challenged.

So, why should we care about this act? Let’s break it down!

What Is the Higher Education (Freedom of Speech) Act 2023?

This law aims to protect freedom of speech within universities across England. It recognises that universities should be spaces for open, respectful dialogue—places where students, staff, and invited speakers can discuss even the most challenging or controversial topics without fear of being silenced.

With this act, the government ensures that universities have a legal duty to promote and protect freedom of speech on campus and online. But it’s not just about protecting free speech; it’s about creating a culture that embraces diverse viewpoints and keeps public debate alive.

The Key Benefits of the Act

1. Encouraging Open Dialogue
   Universities are where future leaders, thinkers, and innovators are shaped. This act strengthens the idea that universities should be places for growth, not echo chambers. Protecting the right to share various viewpoints—even unpopular or challenging—promotes a learning environment that values questioning and critical thinking.
2. Protecting Student Voices
   In recent years, some students and faculty have felt uncomfortable voicing their opinions, fearing backlash or censorship. This act helps protect students from disciplinary action or “no-platforming” (being blocked from speaking) simply because their views differ from the majority. With this safeguard, students can engage in meaningful discussions and contribute to shaping university life.
3. Encouraging Diversity of Thought
   A university experience should expose students to new ideas, challenge their assumptions, and build their ability to engage respectfully with others. By requiring universities to protect free speech actively, this act encourages a range of viewpoints, giving students a more well-rounded education and greater resilience in dealing with different perspectives.
4. Legal Protection for Speakers and Academics
   Invited speakers and academic staff often bring valuable insights to university life, but some have faced threats or cancellations if their ideas are controversial. This act ensures that universities can no longer “no-platform” invited speakers solely because of their views. Offering legal protections supports an academic culture that values diverse perspectives, which is essential for robust intellectual growth.
5. Accountability and Oversight
   This Act will hold universities accountable if they fail to protect free speech. A new role, called the “Director for Freedom of Speech and Academic Freedom,” was created within the Office for Students. This director oversees compliance with the act, providing a clear route for complaints if a university fails in its duties. This added layer of accountability gives students and staff confidence that their rights will be respected.

Why Now?

The act responds to recent debates about “cancel culture” and the idea that some views are being suppressed. While it’s natural for people to disagree, a democratic society thrives when everyone can share their perspective—even if it’s unpopular. This law responds to those concerns, ensuring that the university campus remains a place where free expression can flourish.

Why was it stopped?

The pausing of the HEFOSA was seen as problematic because it delayed important protections and accountability measures intended to ensure freedom of speech and academic freedom within universities. Here’s why the pause caused concern:

1. Chilling Effect on Free Speech: 

The Act was designed to protect individuals from being silenced or “no-platformed” by universities due to their views, a practice that has become common. Pausing the Act meant these protections were not enforced, potentially allowing restrictive policies or practices to continue unchecked.

2. Lack of Clarity for Universities: 

Universities were left without clear guidelines on handling free speech issues, leading to uncertainty around permissible actions. This lack of direction might discourage universities from supporting open debate as they try to avoid legal problems or controversies.

3. Delay in Accountability Measures: 

The Act included provisions for a “Director for Freedom of Speech and Academic Freedom” and introduced mechanisms to hold universities accountable for stifling free speech. Pausing it meant delays in establishing these roles, leaving many cases of alleged censorship unresolved.

4. Risk of Undermining Public Trust: 

The delay may have made people question the government’s commitment to upholding free speech rights in higher education. Some viewed the pause as a signal that free speech protections weren’t a top priority, potentially diminishing public confidence in the government’s dedication to this issue.

5. Missed Opportunity for Balanced Debate: 

Universities are spaces for open debate and diverse perspectives, crucial for personal and societal growth. The Act aimed to reinforce this by protecting students and staff who wanted to explore controversial or unpopular ideas. The government missed the chance to strengthen these freedoms quickly by pausing it.

The Importance of New Duties on Student Unions

The HEFOSA placed significant new duties on student unions, emphasising their role in upholding free speech on campus. This part of the Act was crucial because student unions often organise events, invite speakers, and manage campus spaces, giving them substantial influence over what ideas and voices are heard.

Here’s why these new duties were so important:

1. Creating a Fair Platform for Diverse Voices: Under HEFOSA, student unions must ensure that all students and speakers have a fair chance to express themselves without fear of censorship. This is especially important because student unions sometimes face pressure to disinvite controversial speakers or censor certain viewpoints. The Act protected students’ rights to hear various perspectives, even if they were unpopular or challenged the status quo.
2. Promoting an Open Debate Culture: The Act required student unions to foster an environment where open debate could thrive. This is critical in universities, which should be places for rigorous discussion and questioning. By making student unions responsible for protecting free speech, the Act encouraged unions to create a culture of openness rather than shutting down conversations or ideas deemed controversial.
3. Accountability for Discriminatory Censorship: Under the Act, student unions would be held accountable if they prevented certain speakers or groups from being heard. This accountability was a significant step, as it would prevent student unions from using their influence to silence particular viewpoints, helping avoid situations where certain voices are systematically excluded.

4. Strengthening Democratic Participation: Universities are training grounds for civic participation, and the Act aimed to make student unions places where students could practice democratic engagement and tolerance. By putting these new duties on student unions, HEFOSA empowered students to make informed choices about what they wanted to discuss and hear, fostering a democratic and inclusive environment.
5. Encouraging Responsible Decision-Making: With these duties, student unions must carefully consider decisions that impact free speech, weighing the importance of inclusivity, respect, and open discourse. This helps develop students’ understanding of responsible leadership and the complexities of managing free speech in a diverse environment.

Overall, these duties represented a shift in how student unions are expected to operate, placing the importance of free expression at the heart of campus life. The government delayed these vital changes by pausing the Act, leaving student unions without clear guidance on balancing their communities’ diverse needs and viewpoints.

In Conclusion

The HEFOSA is about more than words; it’s about creating a supportive, inclusive environment for exploring ideas. This law benefits students, academics, and society by ensuring that universities protect free speech. It reinforces the value of education as a space to discuss, question, and learn from one another, preparing the next generation to engage thoughtfully with the world around them.

This act reminds us that education isn’t just about memorising facts. It’s about the freedom to think independently, speak openly, and respect the diversity of thought that makes our world dynamic.

This article originally appeared on the SAFAF Substack. Follow SAFAF on X: @StudentAFAF

Image Credit: Tom Fenn