Legislation aimed at protecting free speech on university campuses is being revived by the government.
But a contentious clause that could have allowed Holocaust deniers and others engaging in hate speech who were blocked from appearing to take legal action against universities is likely to be removed.
Bridget Phillipson, the education secretary, “paused” the implementation of the previous government’s Higher Education (Freedom of Speech) Act shortly after Labour came to power, citing concerns raised by the Union of Jewish Students and other communal groups that the laws would allow antisemtism hate speech to flourish on campuses.
There were also concerns that extremists who were prevented from speaking on campus could subsequently launch legal action exposing universities and student unions to expensive legal costs.
Government sources suggest that some form of complaints process overseen by the Office for Students would be in place in the revised laws.
This would ensure those engaging in clear-cut cases of Holocaust denial and hate speech were not being given the opportunity to simply take legal action against universities and student unions.
Bridget Phillipson visits JFS school
Universities UK, which represents more than 140 higher education providers, have also backed Phillipson’s decision to take a closer look at the legislation.
The Act was passed in 2023 but its provisions had yet to be implemented by the time of the general election last year, allowing the education secretary a chance to pause it to take account of concerns inside and outside higher education about its consequences.
Some reports on Wednesday claimed the Education Secretary was now set to re-introduce the free speech laws in a watered down version as a result of a backlash from academics, and some members of the Jewish community, over her decision to pause the Act.
Under the original Tory policy, universities, colleges and student unions would have been required to actively promote free speech on campus, with those found to have breached these duties facing sanctions.
The previous government said the laws would stop “cancel culture” including the banning of pro-Israel speakers by some universities.
But groups such as UJS, and the Antisemitism Policy Trust raised concerns about the unintended consequences of the laws, with some claiming it was an an “antisemite charter”.
Government sources on Wednesday confirmed the legislation was being relaunched “to make it workable”.
