We have today published new conditions on freedom of speech, and are consulting on accompanying guidance.
Both conditions relate to the existing legal duties on universities and other higher education providers to secure freedom of speech and academic freedom for students, staff, members, applicants to academic posts and visiting speakers.
The OfS is introducing two conditions:
- E11 requires that governing documents are consistent with provider compliance with their free speech duties and that management and governance arrangements are adequate and effective to secure that compliance.
- E12 requires institutions to meet their legal duties to secure freedom of speech and academic freedom, to promote their importance and to maintain a free speech code of practice.
The conditions will apply to all universities and colleges registered with the OfS from 1 April 2027. Condition E11 also applies to those applying to register from then.
The introduction of the conditions is required by law. Their wording reflects the requirements set out in legislation, and is not being consulted on.
Instead the OfS is seeking views on the guidance that helps universities and colleges interpret the conditions. This includes expanding existing guidance (Regulatory advice 24), which we are integrating into the OfS’s regulatory framework. This expansion includes new draft guidance on the duty to promote the importance of freedom of speech and academic freedom.
Commenting Arif Ahmed, Director for Freedom of Speech and Academic Freedom at the OfS, said:
‘The free exchange of ideas, especially in relation to controversial topics, is fundamental to a high-quality higher education sector. These new conditions will secure students’ and academics’ rights to freedom of speech and academic freedom. The draft guidance underpins these protections. It also seeks to minimise unnecessary burden. This includes (where possible) additional reductions to burden for further education colleges not seeking degree awarding powers.
‘We are seeking views on the guidance we will publish to help ensure that universities and colleges can meet their legal and regulatory free speech obligations. We are open to changing our draft guidance in the light of this feedback, where doing so helps us to deliver the objective that we know the sector shares: robust protection of these fundamental rights for students, staff and visiting speakers, whilst minimising unnecessary burden for those that we regulate.
‘Taken together these conditions, and the new free speech complaints scheme, will help to secure that liberty of thought, discussion, teaching and research that underpins the vitality and reputation of our world-leading higher education sector.’
