New regulator powers could stifle advocacy, UK’s largest civil society bodies warn

Several leading civil society organisations have urged the government to consult the sector before introducing new powers for the Charity Commission, which they caution risks “suppressing legitimate advocacy” at a time when civic space is under increased pressure.Signatories, including leaders from some of the UK’s largest civil society bodies, alongside faith-based and community organisations, wrote to the culture secretary, Lisa Nandy, saying the proposed social cohesion measures could lead to the “suppression of lawful advocacy, campaigning and community engagement”.The letter, which was signed by leaders from the National Council for Voluntary Organisations, the Muslim Charities Forum, Quakers in Britain and Oxfam, among others, cautions against a government proposal to introduce broader grounds on which organisations could be reported for extremism.“In the absence of clear safeguards and well-defined thresholds, the proposed expansion of the Charity Commission’s powers to remove trustees and close organisations, could be applied in ways that mischaracterise legitimate civil society activity,” the letter said.“This, in turn, may contribute to the suppression of lawful advocacy, campaigning, and community engagement, particularly for organisations working on sensitive or contested issues, including those led by or representing diverse communities.”The letter comes as the UK has experienced a rise in race and religious hate crimes in recent years and as the government recently adopted a non-statutory definition of anti-Muslim hostility.In a policy paper Protecting What Matters, which was published in last month, the government pointed to technological, demographic and economic changes – alongside a rise in extremism and foreign influence – as reasons the UK’s social cohesion was “under strain”. It said the focus on social cohesion was a “key tool of national resilience” in facing a “more uncertain world”.Solutions included investing more in local communities, developing a cross-government integration strategy and tackling hate and discrimination. The policy paper included an £800m investment over 10 years for 40 areas where social cohesion was under pressure in England, as well as £11.5m in local partnerships.However, civil society organisations have said proposed measures that could allow the Charity Commission to tackle extremist abuse by extending its abilities to suspend trustees and shut down charities could “contribute to the suppression of lawful advocacy”.Fadi Itani, the chief executive of the Muslim Charities Forum, said: “There must be zero tolerance for hate and unlawful conduct. But unclear or overly broad powers risk deepening the chilling effect across civil society, silencing legitimate advocacy at the very moment it is needed most.”The letter said environment, Muslim-led and racial justice organisations already faced disproportionate scrutiny and were subjected to heightened regulatory pressure and reputational attacks that marginalised diverse voices and posed an existential threat to organisations.It called on the government for a transparent consultation with the sector and emphasised the independence of regulators.Paul Parker, the recording clerk at Quakers in Britain, said: “It’s vital that government strikes the right balance between suppressing hatred and allowing, even welcoming, dissenting voices in the public square. Sadly this measure risks imposing yet another constraint on civil society’s ability to speak out, and I urge the government to think again.”Since October 2023, the Charity Commission has opened more than 400 regulatory cases for hate speech, of which nearly 70 were referred to police for possible criminal offences.A government spokesperson said the proposals would not undermine “legitimate civil society activity”, adding that the commission’s powers included safeguards such as rights of appeal.“Charities are the lifeblood of our communities, and the new proposals are designed to protect the vast majority of charities who are doing good. Where individuals use charitable status to promote violence or hatred, the Charity Commission must have the powers to act quickly and decisively to protect public trust in the sector as a whole,” the spokesperson said.