Universities ‘on notice' they could face penalties over free speech
Skills minister Baroness Jacqui Smith has said the Government will 'not tolerate the silencing of academics or students who voice legitimate views'.
The Higher Education (Freedom of Speech) Act, which comes into force on Friday, will require universities and colleges in England to promote academic freedom to ensure discussions can take place on campuses without fear of censorship of students, staff or speakers expressing lawful opinions.
It also bans universities from using non-disclosure agreements (NDAs) in cases of bullying, harassment and sexual misconduct.
The Office for Students (OfS), England's higher education regulator, can investigate universities and colleges and impose fines if it has found they have failed to protect free speech rights.
In March, the OfS issued a record penalty of £585,000 to the University of Sussex after a three-and-a-half year probe into the resignation of academic Professor Kathleen Stock.
The OfS's investigation found the institution's trans and non-binary equality policy statement had 'a chilling effect' of possible self-censorship of students and staff on campus.
It was launched after high-profile protests called for the dismissal of Prof Stock in 2021 over her views on gender identity.
Professor Arif Ahmed, director for freedom of speech and academic freedom at the OfS, previously suggested universities could face higher fines in the future if they fail to uphold free speech.
Baroness 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.
'Through our Plan for Change we are restoring our world class universities as engines of growth, opportunity and innovation, and fostering a culture of free inquiry and academic freedom is at the heart of that.'
In January, Education Secretary Bridget Phillipson announced the Government would be pushing ahead with key measures in the Higher Education (Freedom of Speech) Act.
But she announced the 'statutory tort' – which could have allowed individuals to bring legal proceedings against universities that failed to comply with freedom of speech duties – would be removed from the legislation.
Ms Phillipson said the tort would create 'costly litigation that would risk diverting resources away from students'.
The implementation of legislation, passed under the previous Conservative government in 2023, was paused by Labour in July last year after the general election due to concerns it could be 'burdensome' for universities.
A new OfS complaints scheme will allow academics, external speakers and university staff to raise concerns about restrictions on their lawful free speech, which could lead to fines if their free speech is not protected.
Students will be able to make complaints to the Office of the Independent Adjudicator.
Prof Ahmed said: 'Free speech and academic freedom are fundamental to the quality of students' education and their experience in higher education.
'From today universities and colleges take on new legal duties to secure and promote freedom of speech and academic freedom.
'The OfS's regulatory requirements to prevent and address harassment and sexual misconduct are also fully in place.
'These are an important set of measures which will further protect students from harassment while ensuring that students and academics are free to discuss controversial views, including those which some might find shocking or offensive.'
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
CNN
an hour ago
- CNN
UCLA loses federal research funding in administration's ongoing fight with top universities
UCLA is the latest major institution of higher learning to see promised research funding snatched away by the Trump administration, the university's leader said in an open letter to students and faculty Thursday. 'This is not only a loss to the researchers who rely on critical grants,' wrote Chancellor Julio Frenk. 'It is a loss for Americans across the nation whose work, health, and future depend on the groundbreaking work we do.' Grants from the National Science Foundation and the National Institutes of Health are included in the suspensions, Frenk said, but did not provide an amount of how much funding is in peril. The Los Angeles Times reported that roughly $200 million in grants awarded to UCLA are being suspended, citing a partial list of suspended grants provided to them by a source. A spokesperson for the National Science Foundation declined to provide specific figures, saying grant awards are being suspended 'because they are not in alignment with current NSF priorities and/or programmatic goals.' 'We will not fund institutions that promote antisemitism,' said a spokesperson for the Department of Health and Human Services, which includes the National Institutes of Health. 'We will use every tool we have to ensure institutions follow the law.' The Trump administration has repeatedly cited antisemitism – especially in the context of contentious pro-Gaza protests on campuses – as a reason to deny promised funds to universities, including Harvard and Columbia. Harvard is fighting the funding decisions in court, while Columbia agreed to a settlement with the government that restored its grants. The funding cut comes days after the Justice Department's Civil Rights Division announced it found UCLA in violation of federal law by 'acting with deliberate indifference in creating a hostile educational environment for Jewish and Israeli students.' While the formal notice to UCLA said the federal government 'now seeks to enter into a voluntary resolution agreement,' Attorney General Pam Bondi sounded less conciliatory. 'DOJ will force UCLA to pay a heavy price for putting Jewish Americans at risk and continue our ongoing investigations into other campuses in the UC system,' Bondi said in a statement. It is not just the Trump administration that has tangled with UCLA over charges of antisemitism. A group of Jewish students filed suit against the university last June, saying the school allowed discrimination against Jews to flourish following Israel's military operation in Gaza in response to the October 7 attacks. The lawsuit said UCLA leaders waited days before responding to a group of pro-Palestinian protesters that refused to allow students to enter campus unless they agreed to 'a statement pledging their allegiance to the activists' views.' UCLA settled the lawsuit earlier this week for $6.45 million, with more than $2 million of the total going to designated 'organizations that combat antisemitism and support the UCLA Jewish community.' UCLA also agreed it is prohibited from 'knowingly allowing or facilitating the exclusion of Jewish students, faculty, and/or staff' from university programs and activities.
CNN
an hour ago
- CNN
Germany will provide 2 more Patriot defense systems to Ukraine, US will backfill stockpiles
Germany announced on Friday that it will provide two additional Patriot air defense systems to Ukraine in the coming days, and several more in the coming months, after the Pentagon agreed to quickly replenish Berlin's stockpiles. The statement, issued by Germany's Ministry of Defense, also said Germany would be paying for the new Patriot systems provided by the US. 'The prerequisite was that the US manufacturer would deliver new Patriot systems as quickly as possible in return so that we could continue to meet our NATO obligations,' German Defense Minister Boris Pistorius said in a statement. 'This commitment from the US side has been made.' Germany has provided three Patriots to Ukraine since Russia's 2022 invasion, and had been reluctant to send more until they could ensure that the systems would be replenished by the US. But under a new plan unveiled by President Donald Trump last month, European nations agreed to transfer weapons to Ukraine while purchasing new ones from the US to backfill their stockpiles. The plan, which would see Europe shoulder more of the burden in supplying Ukraine, has been under discussion ever since Trump won last year's election and European officials quickly began deliberating on ways to sustain US weapons shipments to Ukraine under a leader who had vowed to pull back American support, CNN has reported. Col. Martin L. O'Donnell, a spokesperson for NATO's Supreme Headquarters Allied Powers Europe, told CNN in a statement that NATO is prepared to coordinate the weapons' 'urgent delivery' to Ukraine. 'NATO is delivering on the initiative President Trump and Secretary General Rutte announced last month to boost support for Ukraine by opening additional assets to Ukraine through investment by Allies in Europe and Canada. Germany has shown its leadership in this regard,' O'Donnell said. 'We look forward to additional voluntary contributions from other European nations. Supreme Headquarters Allied Powers Europe and NATO Security Assistance and Training for Ukraine, and others, stand ready to coordinate them for urgent delivery.' NATO Secretary General Mark Rutte also said in a post on X on Friday that he 'welcomes' Germany's decision. 'This is great news and I welcome Germany's leadership! This will help ensure Ukraine is able to defend its skies, protect its people, and deter Russian aggression,' he wrote.
CNN
an hour ago
- CNN
UCLA loses federal research funding in administration's ongoing fight with top universities
Race & ethnicityFacebookTweetLink Follow UCLA is the latest major institution of higher learning to see promised research funding snatched away by the Trump administration, the university's leader said in an open letter to students and faculty Thursday. 'This is not only a loss to the researchers who rely on critical grants,' wrote Chancellor Julio Frenk. 'It is a loss for Americans across the nation whose work, health, and future depend on the groundbreaking work we do.' Grants from the National Science Foundation and the National Institutes of Health are included in the suspensions, Frenk said, but did not provide an amount of how much funding is in peril. The Los Angeles Times reported that roughly $200 million in grants awarded to UCLA are being suspended, citing a partial list of suspended grants provided to them by a source. A spokesperson for the National Science Foundation declined to provide specific figures, saying grant awards are being suspended 'because they are not in alignment with current NSF priorities and/or programmatic goals.' 'We will not fund institutions that promote antisemitism,' said a spokesperson for the Department of Health and Human Services, which includes the National Institutes of Health. 'We will use every tool we have to ensure institutions follow the law.' The Trump administration has repeatedly cited antisemitism – especially in the context of contentious pro-Gaza protests on campuses – as a reason to deny promised funds to universities, including Harvard and Columbia. Harvard is fighting the funding decisions in court, while Columbia agreed to a settlement with the government that restored its grants. The funding cut comes days after the Justice Department's Civil Rights Division announced it found UCLA in violation of federal law by 'acting with deliberate indifference in creating a hostile educational environment for Jewish and Israeli students.' While the formal notice to UCLA said the federal government 'now seeks to enter into a voluntary resolution agreement,' Attorney General Pam Bondi sounded less conciliatory. 'DOJ will force UCLA to pay a heavy price for putting Jewish Americans at risk and continue our ongoing investigations into other campuses in the UC system,' Bondi said in a statement. It is not just the Trump administration that has tangled with UCLA over charges of antisemitism. A group of Jewish students filed suit against the university last June, saying the school allowed discrimination against Jews to flourish following Israel's military operation in Gaza in response to the October 7 attacks. The lawsuit said UCLA leaders waited days before responding to a group of pro-Palestinian protesters that refused to allow students to enter campus unless they agreed to 'a statement pledging their allegiance to the activists' views.' UCLA settled the lawsuit earlier this week for $6.45 million, with more than $2 million of the total going to designated 'organizations that combat antisemitism and support the UCLA Jewish community.' UCLA also agreed it is prohibited from 'knowingly allowing or facilitating the exclusion of Jewish students, faculty, and/or staff' from university programs and activities.
