Uncertainties Around UK’s New Free Speech Law Concerning Higher Education

Oxford and Cambridge students on the day they launched their encampment on campus, May 6, 2024. Photo Credit: Middle East Eye

A new freedom of speech law has come into effect in the UK which will primarily apply to England with some provisions impacting Wales and Scotland as well. Officially named the “Higher Education (Freedom of Speech) Act 2023”, the law could have a significant impact on the operation of higher education institutions and the state of academic freedom in the UK.

Under the new legislation, higher education institutions will now have additional responsibilities to uphold freedom of speech within their campuses, take further steps to prevent harassment, and make procedures regarding these issues more transparent. Universities risk being fined by the Office for Students (OfS), the public body regulating higher education in England, if they are found to be in violation of the new regulations.

Under the new law, universities are barred from denying the use of their premises to individuals based on their “ideas and opinions” or to organizations due to their “policy or objectives or the ideas or opinions of any of its members.” The language of the law asserts that universities are places where unpopular or controversial opinions are meant to be voiced and that those doing so should not face risks to their person or employment prospects. The OfS’s Director for Freedom of Speech and Academic Freedom, Arif Ahmed, told the BBC in June 2025 that it is part of students’ education to face views they might find “shocking or offensive.”

While the introduction of legislation protecting academic freedom is a welcome development at first sight, the actual impact of this new law on UK higher education is uncertain.

One major area of concern is student protests. Much like in other Western countries, the UK higher education institutions have been challenged by the ongoing wave of pro-Palestine protests that started in Spring 2024. Many UK universities responded to student protests in a hostile manner, subjecting students to disciplinary measures ranging from investigations to suspensions and even expulsions. Some universities obtained court orders allowing them to ban Palestine protests on their campuses. One of them was Cambridge University, which was granted a four-month court injunction in March 2025. In July 2025, the injunction was extended for an additional year. Thus, while OfS guidance discourages universities from implementing bans on student protests, including encampments, legal pathways towards restricting  academic freedom are still available to them.

In a recent press release, the OfS reaffirmed that students’ right to political protest is safeguarded under this law. But it also mentioned in the same statement that universities are still allowed to take disciplinary action against a student activity, if it “prevents teaching, learning or research.” Given that their “disruptive” character is one of the main justifications universities provide for their crackdowns on student protests, it is entirely possible that this law will fall short of its claim of defending freedom of speech when it comes to protests.

Indeed, the larger political context in the UK suggests that the legal and extra-legal repression of pro-Palestine speech and protest will become even easier and frequent in the near future. Recently, the pro-Palestine direct action group Palestine Action has been proscribed a “terrorist organization” by the British government under the UK’s broad definition of terrorism that also includes the intentional damaging of property for political ends. More than 500 people were arrested during protests following the decision of the government. Academia is also likely to be impacted by this development. On July 2, 2025, 1337 academics and students across the UK signed an open letter protesting the then-planned proscription of Palestine Action as a terrorist group. As the open letter emphasized, this proscription marks a turning point in the application and interpretation of the UK’s terrorism laws and makes further criminalization of nonviolent protests possible.

Another area that the new free speech law is set to impact is collaboration between higher education institutions in the UK and in other countries. OfS guidelines discourage universities from admitting foreign students whose “funding requires them to follow the policies of foreign governments”. The new law also includes certain restrictions against the involvement of foreign governments in the employment of staff at higher education institutions. One group of institutions likely to be impacted are Confucius Institutes, which are formed via partnerships established between UK universities, a partner Chinese university, and the Chinese state with the goal of fostering academic exchange and supporting Chinese studies. Some groups have claimed that Chinese individuals applying to be employed at these institutes, of which there are twenty across England, undergo a process of vetting by the Chinese government. If Confucius Institutes are forced to close under this new law, it would reduce the chances for international collaboration and academics exchange for students and faculty at UK universities.

Endangered Scholars Worldwide (ESW) welcomes legislative efforts to provide strong guarantees for freedom of speech and academic freedom at UK universities while also drawing attention to potential shortcomings and unintended consequences of these efforts. We further call on the British government to implement additional reforms in the higher education sector to safeguard academic freedom and especially the right to protest on university campuses. We invite the global community to join our call.