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The below information is accurate as of August 2025. The page Freedom of speech guidance, resources and training contains more information for staff and students. |
This page covers:
- What is the Higher Education (Freedom of Speech) Act 2023?
- So what’s new (and what's not changed)?
- What are the main provisions of the Act affecting universities?
- What are the new compliance mechanisms?
- What are the consequences if something goes wrong?
- What has the University been doing to prepare?
- What do I need to do in response to the Act?
- What have the Colleges been doing to prepare?
- Can I have more detail on the background?
- Who can I contact with questions?
What is the Higher Education (Freedom of Speech) Act 2023?
The Higher Education (Freedom of Speech) Act 2023 (‘the Act’) was passed in May 2023 and its main provisions came into force on 1 August 2025. The Act imposes new free speech duties on universities (and also constituent colleges). It builds upon the previous duties set out in section 43 of the Education (No.2) Act 1986. Compliance is regulated by the Office for Students (OfS).
Most of the Act had been due to come into force on 1 August 2024. This was paused in late July 2024 by the Government. Subsequently, the Government announced that the core new duties in the Act would come into force on 1 August 2025, while other aspects would either be repealed or amended before their introduction.
The new legislation does not affect underlying laws relating to freedom of speech, such as the right to freedom of speech under Article 10 of the European Convention on Human Rights, and other legislation that makes particular types of speech unlawful.
So what’s new (and what's not changed)?
The legislation strengthens the legal duties on universities in relation to free speech and academic freedom. It also introduces new mechanisms for promoting, scrutinising and enforcing compliance with those requirements.
The Act does not materially change the University’s pre-existing position that it wholeheartedly supports freedom of speech within the law and academic freedom, while recognising that various laws create situations where freedom of speech must or may be circumscribed.
Unlawful speech remains unprotected. For example, speech that amounts to unlawful harassment, victimisation or discrimination is not protected. Similarly, unlawful incitement of religious or racial hatred, or speech threatening to kill or encouraging terrorism, or defamatory speech, or speech that is otherwise unlawful, is also not protected.
What are the main provisions of the Act affecting universities?
The main provisions of the Act for universities are as follows. These came into force on 1 August 2025.
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Universities, having particular regard to the importance of freedom of speech, must take reasonably practicable steps to secure freedom of speech within the law for their staff, members and students, and for visiting speakers
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This includes securing that the use of university premises is not denied to any individual or body on the grounds of their views or beliefs, or varying the terms of use of those premises on such grounds, or charging security costs to those individuals/bodies except in exceptional circumstances
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This also includes securing the academic freedom of their academic staff to question and test received wisdom and to put forward new ideas and controversial or unpopular opinions without placing themselves at risk of losing their jobs/privileges or being adversely affected in promotions (or appointments)
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Universities must issue a Code of Practice about freedom of speech and they must secure compliance with the Code
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Universities must promote the importance of freedom of speech and academic freedom in the provision of higher education
What are the new compliance mechanisms?
In its role as regulator, the OfS is required to:
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Appoint a Director for Freedom of Speech and Academic Freedom (former University of Cambridge academic Professor Arif Ahmed took up this office in August 2023)
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Promote the importance of freedom of speech and academic freedom, including issuing advice and guidance on good practice
Other aspects of the OfS's role are due to be amended before their introduction, including:
- How it will monitor universities to ensure their governing documents are compatible with (and enable adequate oversight of) their free speech duties
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How it will establish and run a free speech complaints scheme
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How it will monitor overseas funding (above a certain threshold) received by universities and constituent colleges to ensure that such funding does not represent a risk to their free speech and academic freedom duties
What are the consequences if something goes wrong?
The OfS has a regulatory role in relation to freedom of speech, as with all other conditions of registration.
In due course, once the legislation has been amended, the OfS will also establish and run a free speech complaints scheme for staff and visiting speakers while students can complain via the OIA.
The Act's introduction of a statutory tort (meaning that eligible persons claiming loss as a result of breaches of the free speech duties would be able to bring civil claims for damages in the courts) is due to be repealed.
What has the University been doing to prepare?
At the University, the Committee on Prevent and Freedom of Speech (CPFS), a joint committee of the Council and the General Board, has been overseeing preparations and developments. The committee has representation from various University functions, as well as the Colleges and Cambridge Students’ Union.
Work has been prioritised based on both external and internal factors in collaboration with legal advisors. A University Code of Practice on Freedom of Speech was approved by the Regent House and came into effect on 1 August 2024. The Code of Practice amalgamated, updated and replaced three previous University-level documents about freedom of speech: the University Statement on Freedom of Speech, the Code of Practice on Meetings and Public Gatherings on University Premises, and the summary University Free Speech Principles.
Alongside the Code of Practice, the OfS expects universities to review various policies, procedures and processes to ensure their compatibility with the free speech duties, to embed and document free speech considerations in decision-making, and to provide adequate training and guidance on the topic. Work to address these expectations has been carried out and remains ongoing. Examples of policies and processes affected in different ways are those relating to:
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Academic appointments and promotions
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Complaints and disciplinary investigations
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Codes of behaviour and conduct
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Governance
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Teaching and research, including curriculum design and research ethics
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Speaker events
What do I need to do in response to the Act?
See the page Freedom of speech guidance, resources and training.
What have the Colleges been doing to prepare?
The Colleges are independently responsible for managing their own compliance with the provisions in the Act, but they have been collaborating with the University wherever possible to ensure a consistent approach.
Can I have more detail on the background?
The OfS website has comprehensive information on the Act, as well as the OfS's expectations in this area.
Who can I contact with questions?
Questions may be directed to freespeech@admin.cam.ac.uk