Freedom to Campaign: At a glance

For the most part you can carry on ‘business as usual’ – our Guide tells you how; but if you’re in a hurry, here are five quick tips on how campaigners can stick within the law and still achieve their communications objectives:

The Lobbying Act put in place two tests and if charity campaigning meets both tests; it falls under ‘regulated campaign activity’. If a charity meets the Purpose Test (but not the Public one) it may still be regulated under the code developed following the Elections Act 2022.

If a charity spends over a certain amount on ‘regulated campaign activity’, the charity must then register as a third party campaigner and report on its campaign spending.

And it all hangs on your charitable purpose

  • A charity can carry out campaigning and political activity that supports its charitable purpose (unless its governing document prohibits it).
  • That includes, raising public support for change and seeking to influence political parties or independent candidates, decision-makers, politicians or public servants.
  • And charities can undertake regulated activity under the rules of the Lobbying Act.

But….

  • If a charity spends over £700 on regulated campaign activity, they must comply with the laws.
  • Non-party campaigners intending to spend more than £10,000 on regulated campaign activity must submit a notification to the Commission following which they will appear on the register of notifications. These organisations cannot spend more than the maximum amount and they cannot break Charity Commission rules.
  • Political campaigning must not be the continuing and sole activity of the charity.

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