Question to the Department for Education:

To ask the Secretary of State for Education, what steps she is taking to ensure that universities uphold the right to freedom of expression for students campaigning on matters relating to the (a) war in Gaza and (b) rights of Palestinians.

The right to freedom of speech, freedom of expression and academic freedom in higher education (HE) is one this government takes very seriously, and one that it has legislated to further protect.

Universities should be places where academics, students and visiting speakers can express a diverse range of views without fear of repercussion. The Higher Education (Freedom of Speech) Act received Royal Assent on 11 May 2023 and is now an Act of Parliament. The main provisions in the Act will come into force on 1 August 2024.

The Act will strengthen HE providers’ duties to secure freedom of speech and will create a new duty to promote the importance of freedom of speech. The Act will also extend the duties to secure freedom of speech to students’ unions and will establish new routes of redress if the duties are breached.

It is important to note that the Act only covers speech that is within the law. The right to freedom of speech is not an absolute right and it does not include the right to harass others or incite them to violence or terrorism. Encouraging terrorism and inviting support for a proscribed terrorist organisation are criminal offences, and HE providers should not provide a platform for these offences to be committed. In addition, providers should be very clear that any antisemitic abuse or harassment will not be tolerated.