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ARTICLE · 29 JULY 2025

Freedom Of Speech In Higher Education: Navigating Changes To The Current Regime

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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Key provisions of the Higher Education (Freedom of Speech) Act 2023 (HEFSA) concerning freedom of speech and academic freedom in higher education are due to come into force on 1 August 2025.

United KingdomConsumer Protection
Nusrat Zar
Nusrat Zar
James Wood
James Wood
Andrew Lidbetter
Andrew Lidbetter
Jasveer Randhawa
Jasveer Randhawa
Antonia Smith
Antonia Smith
Victoria Gucciardi
Victoria Gucciardi
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Key provisions of the Higher Education (Freedom of Speech) Act 2023 (HEFSA) concerning freedom of speech and academic freedom in higher education are due to come into force on 1 August 2025. The Office for Students (OfS) also recently published guidance regarding the free speech duties to which registered higher education providers (HE Providers) and their constituent institutions are subject.

Background

HEFSA was passed under the previous Government with the goal of strengthening the freedom of speech and academic freedom requirements to which higher education institutions and students' unions are subject. HEFSA amends various pieces of existing legislation, including the Higher Education and Research Act 2017 (HERA 2017), the Higher Education Act 2004 and the Education (No. 2) Act 1986 (EA 1986).

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