This idea has been created by the Scrutinise team as a historical case study. It represents real legislation that reached the statute book through civil society advocacy. It is presented here to show how that process might have looked on Scrutinise.
Higher Education (Freedom of Speech) Act 2023
Imposed new free speech duties on universities in England and Wales, banned the use of NDAs to silence harassment complainants, and established a free speech complaints scheme operated by the Office for Students. The Free Speech Union drove the campaign alongside Conservative MPs.
Summary
Imposed new free speech duties on universities in England and Wales, banned the use of NDAs to silence harassment complainants, and established a free speech complaints scheme operated by the Office for Students. The Free Speech Union drove the campaign alongside Conservative MPs.
Challenge (summary)
Universities were systematically de-platforming speakers, dismissing academics for their views, and using non-disclosure agreements to silence complainants. The 1986 free speech duty was unenforceable because no regulator had investigatory powers.
Approach (summary)
Strengthen the free speech duty with regulatory teeth — give the Office for Students power to investigate and fine, create a complaints mechanism for speakers and academics who suffer loss, and ban NDAs in free speech complaints.
First step (summary)
Introduce the Higher Education (Freedom of Speech) Bill amending the Higher Education and Research Act 2017, inserting new sections A1-A5 imposing duties on providers and constituent institutions, with OfS enforcement powers and a complaints scheme.