Freedom of speech

About the new legislation

The new legislation will strengthen the legal requirements on universities and colleges in relation to free speech and academic freedom, and the OfS’s regulatory role.

Key features of the new legislation include:

• A new duty on the OfS to promote the importance of freedom of speech within the law and academic freedom.
• New OfS conditions of registration for universities and colleges relating to free speech and academic freedom. These include conditions requiring universities and colleges to comply with new free speech duties. This gives the OfS a direct role in determining whether universities and colleges are meeting those statutory duties.
• New free speech duties, to include a duty for universities and colleges to promote freedom of speech.
• An extension of the OfS’s regulation on free speech matters to apply directly to relevant students’ unions. (Here, ‘relevant students’ unions’ means students’ unions of universities and colleges in the OfS’s ‘approved (fee cap)’ registration category.)
• Giving the OfS powers to monitor overseas funding received by universities or colleges and relevant students’ unions, with a view to assessing the extent to which that funding may present a risk to free speech and academic freedom.
• A new complaints scheme, operated by the OfS, to consider free speech complaints about universities and colleges or relevant students’ unions, from students, staff or visiting speakers.
• A new role of director for freedom of speech and academic freedom in the OfS, to champion free speech and to oversee the OfS’s functions in this area.
• The introduction of a statutory tort for breach of the free speech duty. This will mean that individuals will be able to seek legal redress for any loss they have suffered because of a breach of the free speech duty.