OfS issues free speech guidance as poll reveals academic concerns

One in five university academics say they do not feel free to teach controversial topics, according to new polling from the Office for Students (OfS) published alongside official guidance on freedom of speech in higher education.

In light of this, the OfS has set out examples to help universities and colleges meet their legal duties under the Higher Education (Freedom of Speech) Act, which comes into force on 1 August.

The guidance clarifies that while unlawful speech – including that which breaches equality, anti-terrorism or public order laws – is not protected, institutions must take “reasonably practicable” steps to secure lawful speech. This includes supporting open discussion on contentious subjects and avoiding punitive action against lawful expression, even where views are critical of the institution.

It also warns against job or promotion criteria requiring commitment to particular viewpoints, and advises reviewing agreements with overseas partners that could enable censorship.

Arif Ahmed, director for freedom of speech and academic freedom at the OfS, said: “Free speech and academic freedom are fundamental to the purpose of universities. Students need to know they can freely share lawful views and hear a range of perspectives – even those they find uncomfortable or shocking.

“The guidance provides examples of how to respond – and how not to respond – in various scenarios. There is a very high bar for restricting lawful speech, and each case must be judged on its particular facts. But universities must always have a particular regard for freedom of speech.”

The new measures allow institutions to regulate speech where it interferes with core functions such as teaching or research. Ahmed noted that universities were not obliged to permit “shouting during an exam” or off-topic lectures, and should tackle harassment robustly.

The accompanying poll, conducted in 2024 but delayed during a government review, found that one in three academics were afraid to discuss controversial issues in general. Concerns were reported across the political spectrum, with sex and gender cited as the most restricted topic.

Among those who said they did not feel free to teach controversial subjects, 24% cited fear of physical attack. Ahmed described the findings as “deeply disturbing”, warning that “this cannot stand”.

Susan Lapworth, chief executive of the OfS, added: “We are determined to ensure that universities remain places where academic freedom and free speech within the law are protected. Our guidance sets out how institutions can uphold this while fulfilling their educational duties and safeguarding students.”