The government is to overhaul legislation imposing free speech obligations on higher education in England, scrapping a controversial civil liability that could expose universities to prosecution by Holocaust deniers.
Education Secretary Bridget Phillipson told parliament that while the government intends to retain key parts of the law passed by the previous Conservative government, she plans to withdraw the "statutory infringement" that allows any claim that freedom of expression is subject to Violators take legal action. restrictions and, to a large extent, exempt student unions from legislation.
The revised legislation will still hold universities responsible for setting codes of conduct and promoting free speech on campus, and retain the oversight role of England's higher education regulator, the Office for Students (OfS).
Phillipson argued that the end of the violations removed financial and administrative burdens on the university, avoided "clogging up the court system" and assuaged minority groups' concerns that they might be targeted.
"Fear of litigation may hurt free speech rather than help it. Universities may have decided not to invite challenging speakers to avoid ending up in court, and no one wants that," Phillipson said.
“But I have a message for those presidents who are not taking this seriously: Protect free speech on campus or face the consequences. For too long, too many universities have been too lax about these issues, and too few have Pay enough attention to these issues that this situation must change.”
Under the revised law, universities that fail to fulfill their responsibilities may be fined or even have their university operating license revoked.
The content of the current law has been opposed by university leaders and groups such as the Union of Jewish Students (UJS), who are threatening legal action over concerns that free speech protections could be exploited by Holocaust deniers and anti-Semites.
A spokesperson for UJS expressed support for the changes: "As a result, the bill is now less likely to harm efforts to tackle anti-Semitic racism on campus, which should be welcomed by all."
Philipson said the legislation would include a new complaints procedure, run by the Department for Transport, which would retain the role of free speech czar. A ban on universities entering into confidentiality agreements with faculty, staff or students will also remain in place.
A government source said taking six months to create a "workable system" was the right thing to do, contrasting the Conservatives' "unworkable gimmicks which are more indicative of putting party interests ahead of national interests" contrast.
The bill was passed in 2023 but was never implemented by the previous government. After Labor took office, Phillipson shelved the law and said it was flawed, leading the Conservatives to claim she was hostile to free speech on campus.
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Shadow education secretary Laura Trott accused the government of wanting to scrap free speech protections altogether after disparaging the bill as a "hate speech charter".
Trott said: “Those who were naturally sympathetic to the Secretary of State’s own politics were forced to tell her that she was wrong and it is only now, after all the humiliation, that she has finally changed her position. I pay tribute to those who are leading this effort outside parliament. Pay tribute to the scholars who fought back.”
The National Students' Union has also welcomed the changes, which include removing students' unions from much of the legislation.
Amira Campbell, Vice-Chancellor of the National University of Singapore, said: "We are pleased to see the new government abandon this culture war legislation. After years of hard work by students' unions, the Free Speech Act now has a real focus on free speech.
“With the threat of complex legal liabilities and new regulations no longer hanging over them, our student government members can get back to doing what we do best: supporting student growth, debating ideas and participating in campus life.”