Part 1: Duties to protect freedom of speech Section 1: Duties of registered higher education providers Section A1: Duty to take steps to secure freedom of speech
This section imposes duties on the governing body of a higher education provider registered with the OfS, similar to provision in section 43 of the Education (No. 2) Act 1986.
	The governing body must take reasonably practicable steps to achieve the objective of securing freedom of speech within the law for the provider’s members, staff and students and for visiting speakers. There is a duty to have particular regard to the importance of freedom of speech when determining what steps are reasonably practicable.
	The duty includes taking reasonably practicable steps to ensure that the use of premises is not refused because of a person’s ideas or opinions, or a body’s policy or objectives, and that the terms on which premises are provided are not based on those grounds. It also includes taking reasonably practicable steps to secure academic freedom for academic staff at the provider, an existing principle which is extended to include the circumstances of seeking promotion or a different job at the provider. In addition, there is a new separate duty with similar provision in respect of external applicants for an academic role at a provider.
	In order to achieve freedom of speech within the law, the governing body must also secure that individuals or bodies that use its premises are not required to bear some or all of the costs of security, unless there are exceptional circumstances.
	The governing body must also secure that the provider does not enter into non-disclosure agreements with members, staff and students and visiting speakers in relation to complaints of sexual abuse, harassment or misconduct, or other bullying or harassment.