Universities set to be fined up to £500,000 for failing to protect free speech
The government has announced the introduction of a new system designed to protect freedom of expression at universities across the UK.
The Office for Students (OfS) will oversee this “first of its kind” program, which will start from next academic year. This will allow university staff, external speakers and non-student members to raise concerns about providers in England, according to the Department for Education (DfE).
The higher education regulator will investigate these complaints and will have the power to recommend universities review their decisions, offer compensation or improve their existing processes.
From next April, new admission conditions will allow the OfS to fine universities for breaching their Freedom of Expression Act duties. Penalties can reach £500,000 or 2 per cent of income and serious cases can lead to deregistration, risking loss of public funds.
The OfS said it had received reports of speakers and lecturers being “harassed and blocked” due to gender-critical or religious views, concerns about foreign interference restricting academic freedom, and job postings requiring certain ideological beliefs.
The Free Expression Union (FSU) said almost one in 10 of the more than 5,700 cases it has fought in the past six years involved universities’ “failure to protect freedom of expression”.
Education Minister Bridget Phillipson said: “Freedom of expression is fundamental to the success of every university and enables universities to encourage robust debate and share challenging ideas respectfully.
“But there are too many cases where scholars and speakers are silenced, an unacceptable culture of fear is fostered, and the pursuit of knowledge is stifled.
“The urgency is clear, so we are strengthening protections and empowering the regulator to make our world-class universities 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.
This comes after the Higher Education (Freedom of Expression) Act came into force in August, requiring universities and colleges in England to promote academic freedom; to ensure that debates can take place on campuses without fear of censorship of students, staff, or speakers expressing legal views.
It also prohibits universities from using non-disclosure agreements (NDAs) in cases of bullying, harassment and sexual misconduct.
Implementation of the legislation, which was adopted in 2023 under the previous Conservative government, was halted by the Labor Party after the general election in July 2024 due to concerns it could be “burdensome” for universities.
In January last year, Ms Phillipson announced that the Government would introduce key measures in the Higher Education (Freedom of Expression) Act.
Professor Malcolm Press, President of Universities UK, said members would be supported to comply with the new rules.
He added: “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.”
FSU director Lord Toby Young of Acton said although the new complaints system was “welcome news” it should also be available to students.
He said FSU “will continue to campaign for their participation.”
Shadow education secretary Laura Trott said academics were “subject to censorship with no clear means of redress”.
He continued: “Protecting freedom of expression in our universities is the foundation of academic freedom and this step is welcome, but after years of Labor delay it is long overdue.”
Edward Skidelsky, lecturer at the University of Exeter and director of the Academic Freedom Committee, said: “Universities will no longer be able to bully academics with impunity who refuse to toe the standard line on race, gender, climate and many other issues.”
