Unlocking the Higher Education (Freedom of Speech) Act 2023: Key Changes Set for August 2025

The UK government is taking significant steps to enhance freedom of speech in higher education, with the latest regulations under the Higher Education (Freedom of Speech) Act 2023 set to come into force on August 1, 2025. Here’s what you need to know:

What’s Happening?

The Secretary of State for Education has officially enacted the third set of commencement regulations under the Higher Education (Freedom of Speech) Act 2023. These regulations are designed to bolster the protection of free speech in universities across England, Wales, and, in some aspects, Scotland.

Key Provisions Coming into Effect:

1. Duties for Higher Education Providers: Sections 1 and 2 of the Act impose new responsibilities on registered higher education providers and their constituent institutions. These sections amend the Higher Education and Research Act 2017, introducing sections A1 to A4, which mandate these institutions to actively protect freedom of speech within their premises.

2. Students’ Unions Defined: Section 3 of the Act clarifies the definition of “students’ union” as inserted into section A5(6) of the 2017 Act. This move aims to ensure that students' unions are also accountable for upholding free speech principles.

3. Office for Students’ Enhanced Role: Section 5 amends the existing duties of the Office for Students, granting it new powers under section 69A of the 2017 Act to oversee and enforce compliance with these free speech requirements.

4. Minor and Consequential Amendments: The regulations also usher in several minor amendments to existing laws, including the Higher Education and Research Act 2017 and the Counter-Terrorism and Security Act 2015. These adjustments are aimed at ensuring coherence across related legal frameworks.

Why This Matters:

These changes underscore the UK government’s commitment to safeguarding academic freedom and ensuring diverse viewpoints can be expressed and debated in academic settings. By reinforcing the duties of educational institutions and oversight bodies, the regulations aim to create an environment where free speech thrives, even amidst differing opinions.

Further Information:

For those interested in the finer details of these legislative changes, a full impact assessment is available online, providing insights into how these provisions will affect the public, private, and voluntary sectors. This document can be found at the UK government’s legislation website.

As the countdown to August 1, 2025, begins, universities, students, and stakeholders are encouraged to familiarize themselves with these new requirements to ensure compliance and promote a vibrant, open academic community.