In today’s world, charities play a vital role not only in providing services but also in raising their voices to advocate for societal change. However, this essential role is often complicated by legal constraints. For many charities, the fear of crossing legal lines – sometimes unclear or inconsistently enforced – creates a “chilling effect” on their ability to campaign effectively. With this in mind, charity law researchers Tilly Clough and John Picton, with the help of a VSSN grant, brought together charity professionals, legal experts, and academics for a dynamic workshop to explore these issues and develop practical solutions.
Our project focused on addressing a critical question: How can charities campaign effectively while staying within the bounds of the law? The workshop allowed us to explore how legal rules around campaigning impact charities and what improvements could help balance advocacy and compliance better.
Why Charities Find Campaigning Difficult
One primary concern voiced by participants was the uncertainty surrounding what is legally acceptable when charities campaign. While UK charity law allows charities to engage in political campaigning to further their charitable purposes, it strictly prohibits aligning with or endorsing any political party. Participants highlighted that this balance is often difficult to achieve, mainly when charities receive government funding.
The Lobbying Act 2014, which requires charities to register if their campaign spending exceeds £10,000 during the year before a general election, was another central point of frustration. With no fixed dates for UK elections, planning and budgeting for compliance can become a logistical nightmare, particularly for small charities that lack dedicated legal teams. As our discussions revealed, this provision often discourages smaller organisations from campaigning altogether.
Learning from International and Regional Comparisons
A key part of our discussions involved looking beyond the UK. Participants examined examples from the U.S., where many nonprofits have both charitable and political arms, and contrasted this with India’s more restrictive approach to nonprofit campaigning. We also highlighted the differences within the UK, noting that the guidance provided by the Office of the Scottish Charity Regulator (OSCR) was widely praised for being more practical and enabling than its counterparts in England and Northern Ireland.
This comparative perspective made it clear that reforming legal guidance to focus on what charities can do, rather than on prohibitions, would help reduce confusion and empower charities to act confidently.
Moving Forward: Impact and Future Work
This project was not just an academic exercise – it was about exploring and driving practical change. Participants left the workshop better informed and equipped, but the journey doesn’t stop there. We continue collaborating with stakeholders and policymakers, plan to hold future workshops, and publish publications to influence legal reform. We hope to shape a more supportive legal environment for charities across the UK by maintaining engagement with our workshop participants and expanding our reach.
Ultimately, our project’s message is clear: Charities need clarity and confidence to campaign effectively. With a clear legal framework and strong guidance, they can better fulfil their role in advocating for social change without fear of legal repercussions.
