Universities in England could face fines for freedom of speech failures | Universities
Universities in England that fail to protect freedom of expression could face fines of £500,000 or 2% of their income and, in some cases, risk losing public funding under the new complaints system, the government has said.
The Office for Students (OfS) will implement a “first-of-its-kind” program from the new academic year to allow university staff, external speakers and non-student members to raise concerns about providers, the Department for Education (DfE) has said.
The higher education regulator will investigate complaints and may recommend universities review decisions, pay compensation or improve their processes.
From next April, new registration requirements for providers will mean the OfS can fine universities for breaching their duties under the Freedom of Expression Act.
The OfS said it had received reports of speakers and lecturers being “harassed and blocked” due to gender-critical or religious views, concerns about external interference restricting academic freedom and job postings requiring certain ideological beliefs.
Education minister Bridget Phillipson said: “Freedom of expression is fundamental to the success of every university, enabling them to encourage robust debate and share challenging ideas respectfully. But there are too many cases where academics and speakers are silenced, provoking an unacceptable culture of fear and stifling the pursuit of knowledge.
“The urgency is clear, so we are strengthening protections and empowering the regulator to transform our world-class universities into engines of opportunity, ambition and growth.”
University staff are currently using internal processes and may be forced into costly legal action. The DfE said the new complaints system would be free and “allow more people to raise their concerns safely”.
Students express their concerns regarding freedom of expression through the Independent Judgeship.
The Higher Education (Freedom of Expression) Act came into force in August, requiring universities and colleges in England to promote academic freedom to ensure debates can take place on campuses without fear of censorship of students, staff or speakers expressing legitimate views.
It prohibits universities from using non-disclosure agreements (NDAs) in cases of bullying, harassment and sexual misconduct.
The implementation of the law, which was adopted in 2023 during the previous Conservative government, was stopped by the Labor Party after the general election in July 2024 due to concerns that it could be “burdensome” for universities. In January last year, Phillipson announced that the government would continue to implement the basic measures in the law.
President of Universities UK Prof Malcolm Press said members would be supported to comply with the new rules. He said: “Protecting freedom of expression while preventing harassment, hate speech and radicalization are complex tasks involving well-balanced decisions. It is important that the OfS carries out its new responsibilities in a fair, transparent and proportionate way.”
Shadow education secretary Laura Trott said academics were “subject to censorship with no clear means of redress”. He said: “Protecting freedom of expression in our universities is the foundation of academic freedom and this step is welcome but long overdue after years of Labor delay.”
