Higher Education (Freedom of Speech) Act 2023

Key Points

• Imposes a statutory duty on registered higher education providers and their constituent parts (including students’ unions) to promote freedom of speech on campus.
• Defines freedom of speech in line with the European Convention on Human Rights and the Human Rights Act 1998, and clarifies who counts as a "member" of a provider for these purposes (with some exclusions, notably those who are only students).
• Introduces a two-stage remedy pathway: complain first through an internal scheme before civil proceedings can be brought, and the claimant must show they have sustained loss to sue under the new powers added to the Higher Education and Research Act 2017.
• Adds safeguards on non-disclosure agreements to ensure they do not silence or restrict speech, and requires governing bodies to consider these limits when dealing with such agreements.
• Gives the Office for Students a role to identify good practice and offer guidance (without mandating exactly how providers must meet their duties); several controversial or broader protections proposed in earlier readings were withdrawn or narrowed during passage.

Progress

The bill completed its passage through Parliament and received Royal Assent on 11 May 2023, becoming law. It underwent several changes during Committee and Report stages, with Conservative and Labour peers negotiating amendments; some proposed measures (such as a government-placed Free Speech Director or broader funding protections) were withdrawn or narrowed, while core duties and definitions were clarified.

Voting

Three recorded votes showed cross-party debate. Labour and Liberal Democrat MPs generally supported the main aim, while Conservative MPs opposed several amendments, reflecting a balance between strengthening free speech protections and concerns about scope and enforcement. The House ultimately progressed the bill to become law, with many Lords amendments accepted or narrowed in the Commons and Lords stages.