The law could lead to fines for universities and student associations that fail to respect freedom of expression. One government source called it an “anti-Semitic charter”, but a senior Conservative official said the decision to delay it was “frightening”.
The government is considering repealing a controversial law that could have fined universities and student unions for violating freedom of expression on campus.
A Whitehall source has described the Higher Education (Freedom of Speech) Act 2023, which was due to come into force next week, as an “anti-Semitic charter” that could have been used as a platform for extremists.
In a written ministerial statement on Friday, Education Secretary Bridget Phillipson said the law, passed by the previous government, would be suspended to allow time to consider options “including its repeal”.
She said she was concerned the legislation could also prove “burdensome” for higher education providers as well as the Office for Students (OfS) watchdog.
The Conservatives introduced the free speech bill to address concerns about “cancel culture” in universities, where some speakers could be denied a platform to express controversial views.
The previous government said the law placed more responsibility on universities “to ensure that students can express themselves freely in and out of the classroom, while providing greater protection for academics who teach subjects that may offend some students.”
She said the new powers would allow speakers to express views that others might disagree with, as long as they did not escalate into hate speech or incitement to violence.
Shadow Energy Secretary Claire Coutinho described Labour’s decision to shelve the legislation as “chilling”.
“Labour fought us every step of the way when we legislated to protect free speech in universities,” she said. “This is a taste of what’s to come.”
Damian Hinds, the shadow education minister, said Labour’s position on the law meant universities risked “becoming centres of co-optation and intolerance”.
Labour argued that there are already laws that protect the right to freedom of expression and that universities will still have a legal duty to uphold this principle under this legislation.
The Whitehall source said that “instead of tackling the financial challenges facing universities, the Tories have chosen to continue a failed culture war and enable hate speech by enacting their antisemitic charter”.
“This government is determined to ensure that young people do not pay the price for Conservative incompetence and to ensure continued access to our world-class universities,” they added.
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In her statement, Ms Phillipson said the OfS, which would have been empowered to fine or sanction institutions under the law, should “focus more” on priorities such as financial stability.
“The government accepts the fundamental analysis of the review and, as set out in our manifesto, we recognise that strong regulation is a crucial element of a stable, world-leading higher education sector that meets the needs of students and the economy,” she said.
“I have written separately to my colleagues about my decision to halt the entry into force of the Higher Education Freedom of Expression Act 2023, in order to consider options, including its repeal.”
Downing Street has rejected suggestions that Labour’s review of the law could lead to a weakening of free speech at universities.
A spokeswoman for 10 Downing Street said: “I don’t agree with that characterisation, but it’s also right to listen to concerns and take stock, and that’s what the department is doing.”
