Universities Urged to Prepare for Upcoming Free Speech Act Amid Tight Implementation Timeline

New Free Speech Laws Mark Significant Shift for UK Universities in England and Wales

The UK government is set to implement updated university freedom of speech laws in England and Wales this August, marking a significant shift in how higher education institutions handle free expression. The Higher Education (Freedom of Speech) Act 2023, which received Royal Assent last year, aims to strengthen existing duties on universities while introducing new oversight powers for the Office for Students (OfS), the independent regulator for higher education in England.

Originally scheduled for implementation in August 2024, the Act was delayed following criticism and an ongoing judicial review brought by free speech campaigners. The Free Speech Union's legal challenge, heard on 23 January, remains ongoing, with the High Court awaiting a detailed commencement statement from the government, expected by July. In January, the government confirmed that most of the Act would come into force, but some provisions would be amended or repealed. Notably, the statutory tort allowing individuals to bring direct legal claims was removed, having been judged unnecessary and potentially harmful to free speech, as well as a legal risk to universities.

From 1 August 2025, the updated provisions will require governing bodies of higher education providers in England and Wales to take reasonable steps to protect lawful freedom of speech and academic freedom for staff, students, and visiting speakers. Institutions must adopt and implement a code of practice that promotes these principles. This duty will extend to all constituent parts of institutions, such as colleges, schools, and halls. Additionally, a ban will be introduced on using non-disclosure agreements (NDAs) in cases involving harassment or sexual misconduct complaints.

Alongside these duties, the OfS will gain new powers to advise institutions and identify best practices in upholding freedom of speech and academic freedom. The legislation will also introduce a formal definition of “Student Union,” although no further regulatory functions for the OfS will come into effect immediately. Under a proposed complaints scheme, still awaiting a confirmed timeline, the OfS will allow eligible individuals to report breaches of free speech duties. It will have the authority to investigate complaints and impose sanctions on institutions found to be in breach. Moreover, new provisions will require the OfS to enforce registration conditions that ensure universities comply with their free speech duties and reflect them in their governing documents.

In line with these changes, amendments will also be made to existing legislation, including the Counter-Terrorism and Security Act 2015 and the Education (No. 2) Act 1986. These changes aim to better align the “Prevent Duty,” which requires institutions to prevent individuals from being drawn into terrorism, with the new requirements of the Free Speech Act. Commenting on the upcoming implementation, Julian Sladdin, a higher education expert at Pinsent Masons, welcomed the government’s confirmed timeline but raised concerns about the short preparation window. He noted that it remains unclear whether universities will be granted a transitional period to update their policies and procedures. Although the OfS had previously committed to providing such a period, the fast-approaching deadline leaves institutions with limited time to act.

Despite the uncertainty surrounding the remaining provisions, Sladdin urged universities in England and Wales to take immediate steps to ensure compliance. This includes updating their free speech codes of practice, reviewing governance structures and internal processes for managing free speech and academic freedom issues, and informing staff, students, and visiting speakers about the implications of the Act. He warned that failing to prepare could expose universities to reputational and legal risks, particularly once the OfS’s broader enforcement powers are activated. As the 1 August deadline approaches, universities must act swiftly to align with the new legislation and safeguard both legal compliance and their institutional integrity.

Editor’s Note:

The implementation of the Higher Education (Freedom of Speech) Act marks a significant shift in how universities in England and Wales handle free expression. Strengthening free speech and academic freedom is a welcome step, especially in an increasingly polarised climate where open debate is essential. However, clarity around the full scope of the Act, particularly the delayed complaints scheme and enforcement powers of the Office for Students, is still lacking. With the core provisions coming into force this August, universities face a tight timeline to ensure compliance. While the intentions of the Act are clear, rushed implementation without adequate transitional support risks confusion, inconsistency, and costly legal battles. As noted by Skoobuzz, institutions need time, guidance, and transparency, not just legislation, to uphold the very freedoms this law seeks to protect.