Key takeaways
Freedom of speech duties strengthened for universities
New rules require institutions to actively protect open debate and expression.
NDAs banned in misconduct complaints
Universities can no longer use NDAs to silence reports of harassment or abuse.
Universities must set out free speech rules
A formal code is now required to guide speech and academic freedom.
From 1 August 2025, regulations bring into force key provisions of the Higher Education (Freedom of Speech) Act 2023 concerning freedom of speech, academic freedom and banning some confidentiality provisions (NDAs).
In summary, the key provisions of the Act which will come into force on 1 August 2025 include:
Freedom of speech protections: provisions designed to strengthen higher education (HE) providers’ duties to secure freedom of speech (i.e. the freedom to impart ideas, opinions or information via speech, writing or images) for staff, members, students, and visiting speakers.
Securing academic freedom: provisions which aim to secure the freedom of academic staff working in HE to question and test received wisdom, and put forward new ideas and controversial or unpopular opinions, without fear of losing their job or privileges, or reducing their chances of securing promotion or new roles with the HE provider.
Bar on some NDAs: a ban on HE providers from entering into non-disclosure agreements (NDAs) with staff, members, students, and visiting speakers which purport to exclude them from disclosing or publishing information about a complaint relating to actual or alleged sexual abuse, sexual harassment or sexual misconduct, and/or bullying or harassment by any person.
Duty to have a code of practice: provisions which require HE providers to put in place codes of practice setting out how they will discharge their duties covering:
the provider’s values relating to freedom of speech and an explanation of how those values uphold freedom of speech;
the procedures to be followed by staff and students of the provider and any students’ union in connection with the organisation of the following if they fall within any specified class of activity: (a) meetings which are to be held on the provider’s premises; and (b) other activities which are to take place on those premises;
the conduct required of such persons in connection with any such meeting or activity; and
the criteria to be used by the provider in making decisions about whether to allow the use of premises and on what terms (include its criteria for determining whether there are exceptional circumstances requiring the individual or body to bear some or all of the costs of security relating to their use of the premises).
Duties to promote freedom of speech/academic freedom: provisions which require HE providers and the Office for Students to must promote the importance of:
freedom of speech within the law; and
academic freedom for academic staff.
Our education team have extensive experience of advising higher education providers, so please contact the author if you require assistance preparing for these changes coming into force.
