Navigating new freedom of speech legislation
Arts, Humanities & Social SciencesA University of Cambridge spin-out has developed what it says is the UK’s first automated free-speech compliance system for universities, amid concerns that institutions are struggling to interpret new freedom of speech rules.
Duaa Jamal Karim, the founder of the company, Actsure, said the platform would “hold the hands” of compliance officers navigating the Higher Education (Freedom of Speech) Act 2023. The legislation, most of which came into force last year, requires universities to protect lawful freedom of speech for staff, students and visiting speakers. The regulator, the Office for Students (OfS), can investigate breaches and impose fines if those duties are not met.
Sector bodies have raised questions about how to interpret the guidance underpinning the Act, especially where it appears to clash with other duties, such as those relating to safeguarding or the right to protest. Some institutions have expressed concerns that the legislation may lead universities to self-censor, or spend huge sums on legal fees to avoid breaching the guidance.
Actsure emerged from research by Duaa, who is a trainee barrister and member of the Honourable Society of Gray’s Inn as well as a doctoral researcher at the Faculty of Education, University of Cambridge, where she studies how policy shapes governance and decision-making in education.
Duaa distilled the guidance into a step-by-step process involving more user-friendly language. She then obtained a Technology Investment Fund award from Cambridge Enterprise to turn her work into a digital platform. This is the first time such an award has been granted to research stemming from the Faculty of Education. Duaa has also been accepted on to Cambridge Enterprise’s SHAPE Ideas Incubator, for further business development.
"Freedom of speech and academic freedom are vital in universities. The aim here isn’t just compliance, it’s preventing complicated legislation from pushing institutions into self-limiting, and ensuring campuses remain places of constructive critical thinking and open debate.”
Actsure allows staff to log and monitor individual events or complaints and check their compliance with both internal policies, such as codes of conduct, and the regulatory advice. Each entry generates a secure, time-stamped audit trail that can be reviewed internally or in the event of an OfS investigation.
The system mirrors three stages set out in the regulator’s own framework. Users are first asked to assess whether speech is lawful, using built-in explanations of relevant legislation, and then walked through reasonable steps their university should take to secure lawful free speech. Finally, any restrictions are tested to ensure that they align with the European Convention on Human Rights.
Dominic Chivers, Associate Commercialisation Manager at Cambridge Enterprise said:
“Cambridge Enterprise is excited to see innovative projects like Actsure emerging from the social sciences research community. We are committed to supporting researchers across the University to translate their ideas and achieve societal impact. It’s fantastic to see commercial opportunities developing from this work. Our role is to help academics realise the full potential of their research through entrepreneurial pathways, and Actsure is a great example of that ambition in action.”
“Freedom of speech and academic freedom are vital in universities,” Duaa said. “The aim here isn’t just compliance, it’s preventing complicated legislation from pushing institutions into self-limiting, and ensuring campuses remain places of constructive critical thinking and open debate.”
The platform was introduced publicly at a free speech event in Westminster on Wednesday, 11 February, hosted by the All-Party Parliamentary Group on Intergenerational Inquiry, chaired by the MP Paul Kohler.
