What are free speech and academic freedom?

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Universities UK higher education sector statement on promoting academic freedom and free speech

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Broadly speaking, freedom of speech means the freedom to impart ideas, opinions or information (referred to in Article 10(1) of the European Convention on Human Rights and as given effect in the UK by the Human Rights Act 1998) by means of speech, writing or images (including in electronic form).

In May 2023, the Higher Education (Freedom of Speech) Act 2023 was introduced, requiring Higher Education providers to promote and protect free speech and academic freedom. On 1 August 2025 some, not all, provisions of this Act commenced, e.g., the duties to promote the importance of freedom of speech and academic freedom and have in place a code of practice setting out how an institution intends to discharge its freedom of speech and academic freedom duties.

It is anticipated that other provisions of the Act that have not yet been brought into force or that have been paused will either be repealed or commence and that the Act itself will be amended further, but it is not yet known when this will happen.

Freedom of speech

Freedom of speech means the freedom to impart ideas, opinions or information (as referred to in Article 10(1) of the European Convention on Human Rights as it has effect for the purposes of the Human Rights Act 1998) by means of speech, writing or images (including in electronic form).

Academic freedom

Academic freedom means, in relation to the academic staff of the University, their freedom within the law to (a) question and test received wisdom and (b) put forward new ideas and controversial or unpopular opinions without placing themselves at risk of losing their jobs or privileges at the University or the likelihood of their securing promotion or different jobs at the University being reduced.

Freedom of speech is protected, but only if the speech is lawful, i.e., it does not breach a criminal or civil law. Just because something that is said is controversial or unpopular or offends or upsets people does not make it automatically unlawful.

Examples of things that could amount to unlawful speech include:

racially or religiously aggravated offences
threats to kill
acting in a disorderly manner to break up a public meeting
provocation of violence
intentional harassment, alarm or distress
acts intended or likely to stir up hatred on the ground of race, religion or sexual orientation
encouraging or assisting the commission of an offence
inviting or encouraging support for proscribed organisations
encouragement of terrorism including the glorification of the commission or preparation of terrorism
the expression of views and opinions in a manner which amounts to harassment, discrimination or defamation

The University applies a rebuttable presumption that students being exposed to any of the following is unlikely to amount to harassment:

the content of higher education course materials, including but not limited to books, videos, sound recordings and pictures; and
statements made and views expressed by a person as part of teaching, research or discussions about any subject matter which is connected with the content of a higher education course,

unless it is otherwise demonstrated that these matters do in fact amount to harassment.

Why are free speech and academic freedom important?

The Office for Students (OfS) says, “The core mission of universities and colleges is the pursuit of knowledge, and the principles of free speech and academic freedom are fundamental to this purpose. They provide a necessary context for advancing new ideas, encouraging productive debate and challenging conventional wisdom.

All staff and students are entitled to teach, learn and research in a culture that values vigorous debate, including – or perhaps particularly – in relation to difficult or contentious or discomforting topics.”

Freedom of speech and the free exchange of ideas are central to the University of Nottingham’s mission of advancing truth, knowledge, and understanding. Pursuit of these aims requires free and open enquiry within the law, including the airing of ideas or perspectives which may be unpopular or cause offence. This is especially important given that many ideas which were previously regarded as deeply controversial or offensive are now widely accepted. Thus, a commitment to freedom of speech must apply to challenging or unpopular ideas as well as ideas about which there is broad consensus.

Critical thinking

The exchange of diverse and sometimes conflicting ideas is crucial for the development of critical thinking skills. Exposure to different viewpoints challenges students to think analytically, question assumptions, and develop their own informed opinions.

Education and learning

Free speech ensures that the educational environment remains dynamic and open to new and sometimes controversial ideas. It encourages students to engage with a broad range of opinions and ideas, expanding their understanding of the world.

Preparation for life outside of education

In the professional and personal lives that follow university education, individuals will encounter a variety of opinions and ideas. Experiencing free speech on campus helps students develop the skills needed to navigate and contribute to discussions in the broader world.

Innovation and progress

Academic research and innovation often thrive in an environment where free speech is protected. Researchers need the freedom to explore unconventional ideas without the fear of reprisal. This freedom contributes to scientific and intellectual progress.

Diversity of thought

Universities are diverse communities that bring together people from various backgrounds, cultures and perspectives. Free speech ensures that this diversity of thought is not only acknowledged but celebrated. It creates an atmosphere where individuals feel comfortable expressing their unique viewpoints, contributing to a rich and vibrant intellectual community.