Charities across the UK are less able to speak out about their missions because of a law that limits independent campaigning around election times
Charities have shied away from political campaigning because of anti-lobbying laws, new research has found.
A report from the Sheila McKechnie Foundation (SMK) reveals the UK Lobbying Act has had a “chilling effect” on charity campaigning across the country.
The act, dubbed the gagging clause, was introduced in 2014 and imposes restrictions on the amount of money charities and campaign groups can spend on political activities in the build up to a local or national election, including Scottish Parliament elections.
Half of charities that responded to SMK’s research said the act had affected their ability to achieve their organisational mission or vision.
Organisations also said the administrative burden of the act reduces their capacity to represent issues affecting their beneficiaries and enable supporters to engage in political debate.
It finds the act discourages a proportionate approach to risk management with 42% saying they have avoided activity where they were uncertain it comes within the scope of act.
Organisations working on politically sensitive or controversial issues, like welfare, disability and immigration, see it as higher risk.
Sue Tibballs, chief executive of SMK, said: “What we have found is deeply worrying. This research provides clear evidence that the chilling effect is not an illusion, nor is it somehow self-imposed. It’s a rational response to this ambiguous and onerous legislation.
“The government has made some positive statements about the value of civil society campaigning and voice in recent weeks. But our research shows that their actions are constraining that voice, threatening civil society space in the UK and compromising public interest. We are calling on them to match actions to words by telling us how they will protect civil society’s right to contribute to our national political debate.”
In all, 34% of respondents say they are less agile or responsive, and 36% report slower decision-making.
The report also found that the act has altered the tone and assertiveness of campaigning with 35% saying they have avoided issues seen as too politically live and 36% say they have changed their language or tone.
There is a widespread concern that this caution may have made communications less effective overall.
A third of charities that responded to SMK’s research said they operate in Scotland.
Claire Godfrey, head of policy and campaigns at Bond, the UK’s network of International Development organisations, said: “This critical piece of research provides the incontrovertible evidence of the damaging impact the act is having on charities, which for so long the government has claimed was missing.
“The evidence is unequivocal - this ambiguous and burdensome piece of legislation is stopping charities from speaking up and speaking out for the most vulnerable and marginalised people both here in the UK and globally.”
