Free speech laws could have led to ‘Holocaust denial’ on campuses – Phillipson

The previous government’s legislation on freedom of speech may have facilitated “hate speech including Holocaust denial” to spread on university campuses, the Education Secretary has said.

Bridget Phillipson announced that the Government would be pausing the implementation of the Higher Education (Freedom of Speech) Act 2023 to consider other options including its potential repeal.

The Act was introduced by the previous Tory government and sought to place a duty to “secure” and “promote the importance of” freedom of speech and could have seen universities and student unions fined for failing to do so.

Ms Phillipson told the Commons during education questions that the Act had been put on hold “precisely because we believe in academic freedom, and it is therefore crucial that the legal framework is workable”.

The Education Secretary added that the Government is “speaking with a range of stakeholders” and that “no options are off the table” in protecting academic freedom.

Shadow education minister Gagan Mohindra asked what alternative plans would be put in place to “protect academic freedom in the higher educational sector”.

He said: “The Higher Education (Freedom of Speech) Act 2023 would have ensured that universities in England have the tools they need to deal with interference and threats to freedom of speech and academic freedom, wherever they originate.”

Ms Phillipson replied: “Freedom of expression and academic freedom are incredibly important.

“There are duties that the Office for Students sets out.

“Many of these principles are already enshrined in law, but I want to make sure that we get this right, and I am confident that (Mr Mohindra) would not want to be in a position where the Act might have opened up the potential for hate speech, including Holocaust denial, to be spread on campus, something that the previous minister in the last government was unable to rule out.”

Under existing legislation, higher education institutions will still have a legal duty to uphold freedom of speech.

When the new powers were introduced, the Conservatives said they would allow speakers to express views which others may disagree with as long as they did not cross a threshold into hate speech or incitement of violence.

Earlier in the session Conservative MP for Basildon and Billericay Richard Holden asked for a “cast iron guarantee” that the Education Secretary had not “given consideration” to duties the Act would have imposed on universities relating to any financial relationships with China or other “authoritarian regimes”.

Ms Phillipson gave assurance that was not the case, saying she wanted to ensure there was “good, strong, workable legislation” in the area.

She continued: “I was concerned about what I had heard from Jewish groups and other minority communities about the unintended consequences that might follow from the legislation.

“That is why I paused commencement with a view to getting this right, making sure we protect academic freedom, but also avoiding the situation where hate speech is allowed to flourish on campus.”

Labour MP for Gower Tonia Antoniazzi also raised concerns on freedom of speech on university campuses, referencing gender critical academics Jo Phoenix, Kathleen Stock and Selina Todd, all of whom have been accused of expressing transphobic views.

Ms Antoniazzi asked for reassurance that women would not be “bullied and hounded out of their successful careers in university”.

Ms Phillipson said: “I take it extremely seriously that we have strong freedom of expression within our universities, that students are exposed to a range of views, some of which they might find difficult or don’t agree with.

“That is what makes it so important to have a wide-ranging education.

“What I can also say to her is that officials will make sure we engage with a wide range of views in this important area as we look at next steps.”