Charity Commission chair slams ‘knee jerk’ social media guidance critics

Charity Commission chair Orlando Fraser has hit out at “knee jerk” critics of the regulator’s controversial social media guidance.

Concerns have been raised over charity leaders’ freedom of speech after the regulator the draft guidance was released earlier this year and subject to a consultation, which has just closed.

The guidance warns charity leaders that “sometimes there are risks that an individual’s posts are interpreted as reflected those of a charity” including entirely personal accounts “that could be reasonably linked to the person’s role at the charity”.

Among critics of the guidance has been legal expert Rosamund McCarthy Etherington, who is a partner at Stone King LLP. She said that the policy risks “encroaches into the private lives of trustees” and raises questions over “what is appropriate content” and whether that could be political or religious views.

But Fraser has hit out at critics of the guidance saying they “misunderstand” the law and what is being asked of trustees.

“The guidance does not change the law or trustees’ responsibilities under the law,” he said.

“Instead, and quite simply, it is designed to support charities to use social media with confidence, to ensure trustees understand their responsibilities, and remain risk aware.”

He added; “I’ve heard some concerns from charities that the guidance will encourage or facilitate spurious complaints from those who may want to silence charities they disagree with.

“With respect, I think this is to look at the matter through the wrong end of the telescope.

“The Commission already receives complaints about charities, and those involved in charities and their public statements.

“Some of those who complain misunderstand the law and what is expected from trustees.”

He added that the guidance has been provided amid demand from the charity sector for clarity in how they use social media citing 67% of NCVO members who were polled and “said they wanted the Commission to offer specific social media guidance”.

“That is a figure which knee-jerk critics of the consultation process would do well to bear in mind,” said Fraser, who was speaking at an ACEVO event last week.