New Zealand universities will soon be required to strengthen freedom of speech protections under proposed changes to the Education and Training Act 2020, the government announced in December 2024.
The legislation, introduced by Tertiary Education and Skills Minister Penny Simmonds and Associate Minister of Education David Seymour, will mandate universities to adopt freedom of speech statements aligned with “clear expectations.” The changes are designed to promote environments where ideas can be challenged, controversial issues discussed, and diverse opinions expressed.
The proposed amendment, set to be introduced to Parliament in March 2025 and potentially enforced by the end of the year, aims to ensure universities safeguard academic freedom and free speech for students, staff, and invited speakers. Universities will also be required to establish complaint systems and submit annual reports on their commitments to free speech.
“Freedom of speech is fundamental to the concept of academic freedom, and there is concern that universities seem to be taking a more risk-averse approach,” Simmonds said. “Universities should promote diversity of opinion and encourage students to explore new ideas and perspectives. This includes enabling them to hear from invited speakers with a range of viewpoints.”
Seymour, who is also the leader of the ACT New Zealand party, underscored the importance of academic freedom in universities’ educational mission. “Universities are funded by taxpayers for the purpose of freely and openly inquiring into ideas. Fostering the ability of students to discuss and debate ideas is an essential part of their educational mission.”
He added that recent trends in deplatforming speakers and canceling events due to perceived controversies highlight the need for the amendments. “The National/ACT coalition agreement committed to introduce protections for academic freedom and freedom of speech to ensure universities perform their role as the critic and conscience of society.”
University councils will take the lead in promoting academic freedom under the amendments. Institutions will have six months to develop their freedom of speech statements if the legislation passes.
Jonathan Ayling, CEO of the Free Speech Union, which collaborated with the government on the amendments, called the move “a victory” for academic freedom. “We know from our own surveys and research, as well as a host of other evidence, that threats to academic freedom are now entrenched and pervasive throughout New Zealand universities. The new legislation promises to counteract these threats,” Ayling said.
He also praised the provision for institutional neutrality, which aims to prevent universities from taking substantive positions on contested issues. “In recent years, instances of universities taking a substantive position on contested issues have had a stifling effect on staff and students who hold an opposing view but don’t feel they can express it. Diversity of opinion can only be maintained when the playing field is kept equal for all free speech.”
