About the legislation
The Higher Education (Freedom of Speech) Act was passed on 11 May 2023. The Act amends and inserts new sections into the Higher Education and Research Act 2017 and other legislation.
The Act largely reiterates existing protections for freedom of speech and academic freedom, but there are some significant amendments and additions. The main ‘Duties’ that it sets out, which are broadly as in previous legislation, are to:
- take reasonably practicable steps to secure freedom of speech (including academic freedom for academic staff)
- publish a code of practice on freedom of speech; and
- promote the importance of freedom of speech and academic freedom in the provision of higher education.
University response
Freedom of speech and academic freedom are already central tenets of university life. The foundational importance of free expression to intellectual inquiry and therefore to the central purpose of a university, means a university cannot properly function in its absence.
Freedom of speech and academic freedom are already enshrined in University legislation, namely in Statute XI (University Discipline), Statute XII (Academic Staff and the Visitatorial Board) and Statute XIII (Student Members: Other Provisions) and are inherent in everything the University stands for and does.
A collegiate University-wide consultative process with University committees and colleges took place during Hilary and Trinity terms 2024, to consider what additional measures would be needed to ensure compliance with the legislation.
As a result of this work, and in line with requirements included in the Act, University Council has approved:
The new Code reflects the University’s existing Statement on Freedom of Speech, and amalgamates and replaces the Code of Practice on Meetings and Events, whilst also covering topics required by the new legislation. It does not change the University’s pre-existing position that freedom of speech and academic freedom are central tenets of university life and must be robustly protected.
Next steps (*UPDATED 29 July 2024*)
On Friday 26 July, the incoming Secretary of State for Education announced that further commencement of the Higher Education (Freedom of Speech) Act would be stopped in order to consider options, including its repeal, and that long-term plans would be confirmed as soon as possible.
The University’s new Code of Practice and complaints procedure continue to be in place.
However, the University will consider next steps in light of further information from Government, and will provide an update before Michaelmas term.
More details will be provided as soon as possible.
If you have any questions, please contact Council Secretariat at council.sec@admin.ox.ac.uk.
