A new freedom of speech complaints scheme has been criticised by a University of Sheffield academic after the proposed regulating body lost what she described as a ‘damning’ High Court case.

Dr Irini Katsirea, Reader of International Media Law, criticised the concept of the government policing free speech within universities as well as the Office for Students’ (OfS) ability to manage the ‘difficult and sensitive exercises’ of protecting academic freedom of speech.

She said: “I think there is a real risk that freedom of expression will be stifled rather than empowered.

“I do not think that to have a public body police freedom of expression in universities is a good idea.”

Dr Katsirea referenced last week’s High Court ruling, where the University of Sussex won an appeal against the OfS for a £585,000 fine after the regulator was found to have conducted a flawed investigation.

High Court judge Mrs Justice Lieven ruled the OfS approached the investigation with a ‘closed mind’, and had ‘unlawfully predetermined their decision’, as well as having found issue with the policy documents cited in their claim.

Dr Katsirea called the results ‘damning’ and said: “The uncertainty as to how the OfS is going to reach decisions is likely to compound fear.

“If you say something wrong and, especially if we take the possibility of bias into account, if it does not align with the worldview of the OfS, then it might have consequences.”

From the start of next academic year, the OfS will give university staff across the country a free, ‘streamlined’ way to seek compensation from universities if they feel they have been denied freedom of speech, aimed to empower researchers and academics.

Education Secretary Bridget Phillipson said: “There are far too many cases where academics and speakers are being silenced, inciting an unacceptable culture of fear and stifling the pursuit of knowledge.”

From April 2027, the OfS will be able to impose a fine of up to £500,000 or 2% of a university’s income, whichever is higher, and in severe cases, institutions could lose access to public funding.

Dr Katsirea believed these penalties were ‘disproportionate’ and raised concerns over how the funds would be used by the OfS, she instead called for universities to establish an independent self-regulatory body to oversee freedom of expression across the academic sector.