Should charities propagate extremist views?

How far can charities go in propagating or debating controversial views? In accordance with the general law, it would be a criminal offence for charities to take part in activity that promotes terrorism or terrorist ideology, or incites racial hatred. But what does charity law say about trustees’ duties when inviting potentially controversial speakers to their events?

The commission has published guidance to help trustees understand their duties when organising events that involve external speakers. Its principal purpose is to help prevent charities being misused to promote extremist views or terrorist ideology, but it is also designed to help trustees weigh up the risks of holding any type of event.

The guidance is aimed particularly at charities that frequently hold public meetings, debates or publish materials, including think tanks, debating societies, students unions, universities, schools ?and religious charities.

Charities, by their nature, often deal with issues that divide opinion, or that make some people feel uncomfortable. Our guidance highlights that under human rights law freedom of thought, conscience and religion, and freedom of expression and association are guaranteed. So it can be legitimate for charities to speak out about controversial issues. However, these human rights are not absolute and can be restricted if their use threatens the rights and freedoms of others. Our guidance makes clear that a charity can only pursue activities that further a lawful charitable purpose. If a charity became involved in granting a platform to inappropriate extremist views, this might call into question whether it was acting lawfully under both criminal and charity law. Under charity law, trustees have an obligation to:

• act in line with the charity’s objects

• act in the charity’s best interests

• act reasonably and prudently in all matters relating to their charity

• safeguard and protect the charity’s assets, including its reputation; and

• ensure campaigning activities comply with the rules on political activities.

How these principles translate into action will depend on the particular circumstances of a charity, but they will be of particular relevance to charities which carry out educational or religious activities and the level of risk associated with the planned activity. But our guide sets some basic steps that most trustees should be taking when planning an event, including:

• assessing the risks associated with the event or meeting

• ensuring they know enough about proposed speakers and partners and any associated risks they pose

• setting clear policies and procedures for selecting speakers and materials

• setting speakers and authors clear guidelines

• ensuring proposed speakers are suitable and not designated by ?HM Treasury or linked to organisations banned under UK law

• taking steps to prevent the charity’s activities and views from being misinterpreted; and

• setting procedures for responding to complaints and concerns.

The new guidance comes in part in response to risks identified in our regulatory contact with charities and in response to the Prevent strategy, a strand of the government’s strategy for countering terrorism.

Kenneth Dibble is chief legal adviser and head of legal services at the Charity Commission