Universities and colleges required to protect freedom of speech under new rules

Under the new rules, universities must “actively promote” academic freedom - ensuring that on campus, “robust discussion” can take place “without fear of censorship” of those expressing lawful opinions.

Universities will also be banned from using non-disclosure agreements (NDAs) to silence victims of campus misconduct, protecting vulnerable individuals who may have faced harassment, abuse or sexual assault, said the DfE. 

If lawful free speech is silenced, the Office for Students (OfS) will be allowed to investigate and take action if universities are found to have failed to protect free speech rights.

In light of the changes, OfS director for free speech and academic freedom, Arif Ahmed, warned that institutions who “flout the new rules” could face “record penalties”, after the University of Sussex was given a £585,000 fine for its failure to uphold free speech in March.

He warned that future fines could be even higher. 

Skills Minister Jacqui Smith said: “Academic freedom is non-negotiable in our world-leading institutions, and we will not tolerate the silencing of academics or students who voice legitimate views. 

“These strengthened protections make this explicitly clear in law, and the record fine already handed down by the OfS has put universities on notice that they must comply or face the consequences.”

The Education Secretary previously announced that elements of the legislation that could have saddled universities with “disproportionate legal costs” would be removed, as they would have rendered the rules “unworkable”.

The Government revealed that overseas transparency measures will remain under review while it assesses the impact of the recently-introduced Foreign Influence Registration Scheme.