New Zealand universities may soon be required to bolster protections for freedom of speech, according to proposed changes to the Education and Training Act 2020, announced by the government in December 2024.
The new legislation, introduced by Tertiary Education and Skills Minister Penny Simmonds and Associate Minister of Education David Seymour, would mandate that universities adopt clear statements affirming their commitment to freedom of speech. These changes are aimed at fostering environments where diverse ideas can be debated, controversial issues can be addressed, and varied viewpoints can be shared openly.
If passed, the amendment would require universities to safeguard academic freedom and ensure the free expression of students, faculty, and invited speakers. Institutions would also need to implement formal complaint systems and submit annual reports detailing their efforts to uphold free speech.
“Freedom of speech is integral to academic freedom, and it’s concerning that some universities seem to be taking a more cautious approach,” Simmonds remarked. “Universities should encourage a diversity of opinions and provide opportunities for students to engage with a range of ideas, including those expressed by invited speakers with differing viewpoints.”
Seymour, leader of the ACT New Zealand party, stressed the importance of academic freedom in fulfilling universities’ educational roles. “Our universities are funded by taxpayers to explore ideas openly and freely. Encouraging students to discuss and debate these ideas is central to their mission,” he said, adding that the growing trend of deplatforming controversial speakers underscores the need for these amendments.
The proposed legislation aligns with the National/ACT coalition’s commitment to ensuring universities maintain their critical role as independent voices in society. University councils would be tasked with leading the effort to protect academic freedom, and institutions would have six months to establish their freedom of speech policies if the legislation passes.
Jonathan Ayling, CEO of the Free Speech Union, which worked closely with the government on the amendments, called the move “a victory for academic freedom.” He pointed out that surveys and research show threats to academic freedom are deeply entrenched across New Zealand’s universities. “This legislation is a crucial step in addressing these challenges and restoring free expression in academic spaces,” Ayling said.
Ayling also commended the amendment’s provision for institutional neutrality, which would prevent universities from taking official stances on controversial issues. “When universities take a side on contentious topics, it often silences staff and students who disagree but feel they can’t speak out. Ensuring a level playing field for all perspectives is essential for maintaining genuine diversity of opinion.”
