In theory one of the significant differences between the old duty on free speech in the Education (No. 2) Act 1986, and the new one contained in the Higher Education (Freedom of Speech) Act, concerns “promotion”.
Until now universities in England merely had to take steps to ensure that freedom of speech within the law was “secured” for members. That’s still there in the new legislation – only now there’s also a new separate duty to “promote the importance of” both freedom of speech within the law, and academic freedom for academic staff, in higher education.
We don’t yet know for sure how the Office for Students (OfS) generally or the new Director for Freedom of Speech and Academic Freedom specifically will interpret that duty when setting out guidance on what OfS is “likely” to regard as compliance – although I am willing to place some sizeable bets.
In this interview with Cambridge student newspaper Varsity, the candidate that we are told by the Telegraph is shortly to be announced as the campus tsar of freedom argues that:
Just as you get training about consent, sexual health, and fire safety, there should also be some sort of introduction about free speech”.
