The Higher Education (Freedom of Speech) Act

What’s changed with this new legislation?  

• There are now stronger legal duties for universities to secure and promote free speech and academic freedom, and to maintain a Code of Practice for Freedom of Speech.  
• The Office for Students (OfS) now has more power to enforce these duties and has recently announced two new conditions of registration on free speech.  
• The OfS has appointed a Director for Freedom of Speech and Academic Freedom who will oversee complaints and investigations.  

What does this mean for you (our students)?   

University is a time for learning, growing, and discovering new ideas. It is an opportunity for you to meet people from different backgrounds and hear a wide range of opinions – some you will agree with, and some you won’t. This mix of views helps you grow personally, academically, and professionally.  

You may come across ideas or views that surprise or even offend you, this is normal – and others might feel the same about your views. Being able to see things from a different angle, have open debate or discussion and see things from a different perspective is a part of university life. It’s protected by law.

However, open debate doesn’t mean you have to put up with harassment. If someone’s speech or actions cross the line into harassment, that’s not okay – and it’s not protected. You should feel safe and welcome in all parts of university life, from lectures to student societies. 

Your Rights:  

• Providing they are within the law, you can express your views freely on campus and online.  
• You’re protected from being silenced or punished just for having a different opinion.  
• You can invite speakers to events—the University will support this unless the content is likely to be unlawful.  
   

 Limits to Free Speech:  

• Speech that meets the legal thresholds for what constitutes harassment, discriminaton or defamation, or incites violence or terrorism is not protected.  
• You must not show support for proscribed groups, including wearing clothing or carrying items in public “to arouse reasonable suspicion that you are a supporter of the proscribed organisation”. Proscription offences can carry a maximum 14-year prison sentence.  
• If speech disrupts core university functions (like teaching or research), the University may regulate how, when, and where it happens—but not what is being said.   

What has Newcastle University done?   

Following the introduction of the new legislation, the University has:   

• Updated its Code of Practice for Freedom of Speech, which now includes guidance for speaker events and protests.   
• Created a complaints procedure for students, staff, and speakers who feel their free speech rights were violated.  
• Begun a review of University policies to make sure they align with the new law.   
• Created a Free Speech student induction resource that will be available to students on their Canvas Dashboard.  Please take some time to review this resource. 

If there’s a conflict between a University policy and the Code of Practice, particular regard will be given to the Code.  

Can I host a speaker or event?   

Yes, you can invite visiting speakers to events on campus in line with our code of practice for free speech. In some cases, the University might suggest things like ticketing or extra security.   

Does the Code apply to all events?  

Yes, the Code of Practice for Freedom of Speech applies to:   

• In-person, online, and hybrid events  
• Events on University or Students’ Union (NUSU) premises  
• Any event funded by or linked to the University or the Students’ Union (NUSU)   

How does Free Speech fit with other legal requirements?   

The University operates in a complex legal environment and is required to balance the duty to secure lawful speech for our community with other legislation such as:   

• Equality Act 2010  
• Public Sector Equality Duty (PSED)  
• Prevent Duty   

The University has added an appendix to the Code of Practice to explain how these laws interact with free speech protections.  

What if something goes wrong?   

If you feel your right to free speech has been restricted:   

1. Start with Newcastle’s internal complaints process.  
2. If you're still unhappy once the University complaints process has reached a conclusion, students can escalate the issue to the Office of the Independent Adjudicator (OIA).   

Colleagues and visiting speakers will soon be able to complain directly to the OfS once their new scheme is live.  We’ll share more info when the OfS complaints process becomes available.   

Who can I contact with queries or for further information?  

Further information can be found on the Freedom of Speech SharePoint site.  

If you have any questions or require further information about Freedom of Speech at the University, please email: governanceoffice@ncl.ac.uk