Consultation on new free speech conditions of registration

Proposal 3: Annex D guidance on the free speech duties

Key points

• To give providers guidance to help them comply with their free speech duties (and therefore comply with condition E12), we will make the existing guidance in Regulatory advice 24 part of the regulatory framework as new Annex D.
• We will not be consulting on the content of that published guidance as we have already done so.
• We are seeking feedback on our proposed additional guidance for Annex D: Free speech guidance on parts of the ‘secure’ duty (A1) and the ‘code’ duty (A2), and new guidance on the duty to promote the importance of freedom of speech (A3).

Explanation

29. We published our current free speech guidance (Regulatory advice 24) in June 2025 to help registered providers and their constituent institutions understand their legal duties to secure freedom of speech and to have a code of practice. This guidance was originally consulted on in March 2024.
30. We will add the current guidance to the regulatory framework as new Annex D. This is because we are required by law to provide guidance in the regulatory framework on how providers can comply with their A1, A2 and A3 duties as part of condition E12. The guidance to condition E12 would direct registered providers to new Annex D. Including the guidance as an annex will also allow us to:
    1. avoid duplicating guidance on the A1, A2 and A3 duties that registered providers need to follow, i.e. avoid maintaining existing guidance Regulatory advice 24 and substantively replicating this in new E12 guidance for the regulatory framework
    2. minimise burden to registered providers as many of them have been using this guidance already to help them comply with their duties (for over a year) and are therefore familiar with it
    3. continue to provide guidance to constituent institutions and users of the complaints scheme on their legal duties and rights without their having to disentangle this from matters that are relevant only to registered providers in condition E12.
31. We are not seeking feedback on the decision to add the current guidance to the regulatory framework as Annex D because, as outlined in paragraph 30, we are required by law to provide guidance in the regulatory framework on compliance with E12 and therefore the underlying duties A1-A3. We are also not seeking feedback on the existing content of the current guidance as we previously consulted on this.
32. We are seeking feedback on our proposals to include extra guidance to the ‘secure’ duty and the ‘code’ duty, and new guidance on the ‘promote’ duty. This is set out in further detail below.

Including extra guidance on ‘secure’ and ‘code’ duties

Code of practice requirements

33. Under the A2 ‘code’ duty, providers must explain in their free speech code of practice what procedures apply to specified meetings or other specified activities held on their premises, and what conduct is expected from the people involved. Governing bodies must also take reasonably practicable steps to make sure the code of practice is followed. We propose to add new paragraphs 188A and 188B to our current guidance to set out these requirements.
34. These changes will help provide clarity on the duties under A2.

Further advice on governance

35. We propose to add new paragraphs to our guidance about the parts of the ‘secure’ duty that relate to governance. These paragraphs will explain what transparency and oversight could look like, including possible reporting to governing bodies. We propose to include this new advice as new paragraphs 193A-193F, contained in Annex C of this document.
36. These new paragraphs show how providers and their constituent institutions could oversee free speech matters effectively. They aim to help providers and institutions meet the A1 duty and to comply with the new conditions. The examples are illustrative only, and they may not apply to every provider or institution. For example, if a provider does not have, and does not expect to have, international partnerships, it would not need to consider oversight of freedom of speech in that area. Therefore, we would not expect all of these arrangements necessarily to be in place at all providers.  

Non-disclosure agreements

37. The A1 ‘secure’ duty includes requirements that prohibit the use of non-disclosure agreements for complaints concerning sexual abuse, sexual harassment or sexual misconduct, and any other bullying and harassment complaints that do not fall under these categories. We propose to update our free speech guidance with information about these requirements by introducing new paragraphs 193G and 193H contained in Annex C of this document.
38. These changes will help provide clarity on the duties under A1.

New A3 ‘promote’ duty guidance

39. We are also required by law to provide guidance on the A3 ‘promote’ duty as condition E12 requires compliance with this duty alongside the ‘secure’ and ‘code’ duties. We therefore propose to add new guidance to Regulatory advice 24 (which will be Annex D: Free speech guidance in the Regulatory framework) to help providers comply with the A3 duty. Inclusion of ‘promote’ guidance will also support constituent institutions to meet the corresponding statutory duty on them.
40. We propose that the guidance would explain that this duty is a proactive duty. It requires registered providers and their constituent institutions to carry out activities that promote the importance of:
    • freedom of speech within the law
    • academic freedom for academic staff

    in the provision of higher education.

41. Our guidance would cover a non-exhaustive range of examples of activities that may, depending on the circumstances, help providers and constituent institutions meet their promote duty. This includes areas such as information and events, teaching and research, training and orientation and other activities.
42. We are proposing to frame these examples as suggestions rather than requirements. This is because we think that providers and constituent institutions are best placed to think about what approaches may work best. We want providers and their constituent institutions to have the chance to try new approaches. These could have a deeper and longer-lasting impact by helping to create and improve environments where freedom of speech thrives and that support a better student experience. We propose to add new paragraphs 214-231 to Regulatory advice 24 (future Annex D: Free speech guidance) as our guidance on the ‘promote’ duty.
43. We think this approach to guidance on the ‘promote’ duty sets a clear minimum standard for compliance without being too detailed or restrictive.

Minor amendments

44. We also propose to make minor amendments to Regulatory advice 24 as a consequence of the additional text (for instance, to change footnotes to reflect that A3 guidance is in Regulatory advice 24). Only relatively major changes are listed in Annex C of this consultation document.

Notes

[19] See Regulatory advice 24: Guidance related to freedom of speech.