The core provisions of the Higher Education (Freedom of Speech) Act 2023 took effect on 1st August 2025, following a delay due to legal challenges and policy reassessment. Originally due in 2024, the Act was suspended amid controversy over its broader implications and a judicial review initiated by the Free Speech Union. After review, several contentious elements — notably the statutory tort allowing individuals to sue institutions directly — were removed to avoid disproportionate legal risks and a potential chilling effect on open debate.
Under the revised legislation, Universities and Colleges in England and Wales must strengthen their commitment to protecting lawful free speech and academic freedom for staff, students, and visiting speakers. This includes maintaining a clear code of practice and implementing a new ban on non-disclosure agreements in cases of harassment or sexual misconduct. The Office for Students (OfS), now equipped with expanded advisory and monitoring powers, will play a key role in promoting compliance, although the implementation of a complaints scheme and enforcement functions remain on hold, pending further government direction..
Despite the narrowed scope of the Act, legal and Higher Education experts warn that institutions should not delay in reviewing their policies, governance processes, and internal protocols. With just weeks to prepare, Universities face a tight timeline to ensure compliance and avoid reputational damage or future regulatory action. While the full extent of the OfS’s future role is still being clarified, the incoming provisions mark a renewed focus on safeguarding lawful expression in academic settings — and a prompt for institutions to act swiftly and decisively.
