The Charity Commission has updated its guidance on protecting charities from terrorism and extremism to help trustees making decisions about holding events, inviting speakers and distributing information.
Earlier this year the Commission was criticised by the Joint Committee on Human Rights, a group of MPs and peers, which was looking into freedom of speech at universities, and which described the regulator’s guidance as “problematic”.
The committee said its previous version of Protecting charities from abuse for extremist purposes was unhelpful. Its report said: “The Commission’s guidance is not easy to use, is in places unduly restrictive, could deter speech which is not unlawful and does not take adequate account of the importance of debate in a university setting.”
Today the Commission has published updated guidance making it clear that the right to freedom of expression is important and that its guidance “should not be used to prohibit those with lawful, albeit unpopular, views”.
In its announcement the Commission said “we recognised [the guidance] has not always been read in the manner in which it was intended”.
The Commission has also updated its internal guidance for caseworkers when dealing with issues relating to students’ unions.
Aarti Thakor, director of legal services at the Charity Commission, said: “Charitable students’ unions and higher education providers play a vital role in providing space for discussion and debate, encouraging students to develop political awareness, to challenge their own views and perceptions and to exchange ideas on a range of issues.
“It is clear that freedom of speech can be integral to charities’ activities in carrying out educational purposes. However it is known that freedom of speech is a qualified right and it must not be used as an excuse to fall short on legal duties. In engaging with and providing these important opportunities for their members, trustees must ensure they put their charity’s best interests first, and limit any undue risk of harm.
“We want to see all charities thrive for the betterment of the communities they serve. This updated guidance will help trustees ensure balance and make good decisions, bolstering their positive impact on society.”
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