Government to Strengthen Free Speech Protections in Universities Legislative

“Freedom of speech is at the heart of academic freedom, but there is increasing concern that universities are becoming less willing to support open debate,” said Minister Simmonds.

Tertiary Education and Skills Minister Penny Simmonds and Associate Minister of Education David Seymour have announced proposed changes to the Education and Training Act 2020 to reinforce freedom of speech in New Zealand universities. The changes aim to address growing concerns over universities’ perceived risk-averse approaches to controversial discussions and events.

“Freedom of speech is at the heart of academic freedom, but there is increasing concern that universities are becoming less willing to support open debate,” said Minister Simmonds. “Universities must foster diverse opinions and provide students with opportunities to engage with a wide range of ideas, including those from invited speakers who may present differing viewpoints.”

The legislative changes will require universities to actively promote environments conducive to open discussion, ensuring that students, staff, and invited speakers can freely express diverse opinions without undue restrictions.

Under the proposed amendments:

Freedom of Speech Statements: Universities will be mandated to develop and adopt clear statements outlining their commitment to free speech.

Active Promotion of Open Dialogue: Universities must foster spaces where ideas can be challenged and controversial topics discussed openly.

Neutrality on Non-Core Issues: Universities will be prohibited from adopting stances on matters unrelated to their core educational mission, safeguarding their role as impartial platforms for debate.

Accountability Measures: University councils will champion free speech and academic freedom, with annual reporting and robust complaint mechanisms to address concerns.

“These measures ensure universities remain true to their purpose as institutions of inquiry and debate, funded by taxpayers to explore ideas openly and critically,” said Associate Minister Seymour.

Addressing a Growing Concern

The changes respond to a trend of “deplatforming” speakers and cancelling events deemed controversial. “Universities are obligated under the Education Act and the Bill of Rights Act to uphold freedom of expression, yet we’ve seen increasing reluctance to host speakers or events perceived as offensive,” Seymour noted.

The National/ACT coalition agreement includes commitments to uphold academic freedom and ensure universities fulfil their role as society’s critics and consciences.

Timeline for Implementation

The legislation is set to be introduced in Parliament in March 2025 and is expected to be enacted by the end of the year. Universities will have six months following enactment to develop and implement their freedom of speech statements.

Strengthening Academic Foundations

The proposed changes are intended to enhance New Zealand’s higher education system by reaffirming its commitment to open inquiry. “Fostering debate and the exchange of ideas is central to the educational mission of universities,” Simmonds said. “These changes will ensure that universities remain places where critical thinking and robust discussion thrive.”

The Government’s initiative reflects a broader commitment to preserving democratic principles and ensuring New Zealand’s universities continue to be bastions of intellectual freedom and exploration.