The Charity Commission is today accused of trying to “neuter civil society” with controversial guidance about how charity staff behave on their personal social media accounts.
The regulator is warning that charities’ reputations could be damaged by the way their staff behave on their own accounts.
The commission launched a consultation today on how charities handle social media with a reminder that trustees are responsible for “identifying and managing” risks, even when content is posted on individuals’ accounts.
But a legal expert said she feared the draft guidance “encroaches into the private lives of trustees, staff members and employees”.
She called for charities to “challenge” this part of the proposed guidance.
The Charity Commission said social media was often “tricky territory” for charities to navigate, adding that the new guidance was partly a response to the rising number of complaints it received.
The draft guidance stresses that “trustees, employees or volunteers are free to post or share personal content and viewpoints on their own social media accounts”, but adds that “there are risks that an individual’s posts are interpreted as reflecting those of a charity”.
This could include a staff member “using a personal account where they can be associated with the charity, either through mixing both personal and professional content or because they list their workplace or role”, or by “using an entirely personal account that could reasonably be linked to the person’s role at the charity”, the draft policy says.
It adds: “As a trustee you are responsible for identifying and managing risks like this, such as by being clear what your rules are, which may be set out in your social media and/or HR policies.”
Rosamund McCarthy Etherington, an expert on charity law and partner at the legal firm Stone King, said this morning: “The draft policy encroaches into the private lives of trustees, staff members and employees, and also raises fundamental issues in relation to protected philosophical beliefs under the Equality Act 2010 and Article 10 freedom of speech rights.”
Writing on LinkedIn, McCarthy Etherington added: “If this guidance is not challenged, does it mean that all staff members, trustees and volunteers (regardless of seniority or role) will have to have two social media accounts – one for pure charity business and one for their personal views – particularly as the draft also says that posts need to be linked to the charity’s objects?”
She urged charities to participate in the consultation on the new guidance, which she said risked “neutering civil society”.
The commission’s draft guidance also states that “people can behave on social media, or respond to criticism they receive on social media, in ways they would not when speaking or writing to the public”, and urged trustees to look out for content which could be harmful, illegal or not in the best interests of the charity.
It goes on: “Where there has been an apparent breach of the law, the charity should act immediately including by deleting or removing the content if that is possible.
“You should be clear how that breach took place and respond in line with your social media and/or HR policies.
“You should also consider whether you need to make corrective public statements. It may be reasonable not to make such statements but you should balance that against any risks of not doing so.”
The consultation on the draft policy is open for the next eight weeks.
The commission did not comment directly on McCarthy Etherington’s criticisms but Paul Latham, director of communications and policy at the regulator, said: “Social media is a powerful communications and campaigning tool for charities, but it comes with its own risks.
“We know from our work that some trustees have limited oversight of their charities’ use of social media and can have limited understanding or confidence when it comes to digital channels.
“We appreciate that this can be tricky territory, and one where personal and professional lives and opinions can overlap, which is why we are consulting widely to make sure we get this right.”