Overview of the Act
- This Act includes a range of measures aimed at strengthening previous legislation on freedom of speech and academic freedom in higher education, including:
- Strengthening the duties regarding freedom of speech previously imposed by section 43 of the Education (No. 2) Act 1986 on higher education providers registered with the Office for Students (OfS), the higher education regulator in England.
- Creating a new duty for registered higher education providers to promote the importance of lawful freedom of speech and academic freedom in higher education.
- Creating duties regarding freedom of speech for constituent institutions of registered higher education providers.
- Creating new duties regarding freedom of speech for students’ unions at approved (fee cap) providers (a category of registered higher education provider).
- Creating a new statutory tort for breach of specified freedom of speech duties, enabling individuals who have suffered loss to seek legal redress for loss they have suffered as a result of breach of specified duties.
- Creating a new complaints scheme to be operated by the OfS, allowing individuals to seek compensation for loss they have suffered as a result of breach of specified duties.
- Enhancing academic freedom protections by extending coverage to include recruitment and promotion.
- Banning the use of non-disclosure agreements (NDAs) by registered higher education providers to silence victims of sexual misconduct, and other forms of bullying or harassment in higher education settings.
- Introducing new registration conditions for registered higher education providers on freedom of speech and academic freedom.
- Introducing regulation by the OfS of students’ unions at approved (fee cap) providers in relation to their compliance with the new duties.
- Introducing transparency measures concerning overseas funding as regards the risk to freedom of speech and academic freedom.
- Creating a new role within the OfS of a Director for Freedom of Speech and Academic Freedom, with a remit to champion freedom of speech and academic freedom on campus, and responsibility for investigations of infringements of freedom of speech duties in higher education which may result in sanctions or individual redress via the new complaints scheme.
