The National Coalition for Independent Action has said charities should commit civil disobedience and defy the requirements of the new Lobbying Act, while 38 Degrees is consulting with members on whether it should lead a coalition to flout the new law.  

The Lobbying Act, which gained Royal Assent last month, was strongly opposed by the civil society sector during its passage through Parliament. The new law changes the rules for non-party campaigners in the run up to elections which charities and other campaign groups say will “gag” them and stop them from speaking out.

Despite becoming law, sector bodies are still urging for changes to the legislation. Most recently, Sir Stephen Bubb, chief executive of Acevo, has called on the three main political parties to repeal parts of the Act which charities feel will “exert a sinister influence”.

Fair response to an unfair law

And today, campaign group National Coalition for Independent Action has said that charities should commit civil disobedience and flout the Lobbying Act, arguing that “the new law is framed is such a complex way that many charities will censor themselves for fear of falling foul of the restrictions”.

Andy Benson, co-director of NCIA, said: "Charities and other voluntary groups serve the needs of their members, supporters and service users. Millions of people will lose out if voluntary groups are prevented from speaking about people's needs.

"Civil disobedience should not be done lightly but it is sometimes a fair response to an unfair law. We are asking charities and other groups to say they will be willing to break the 'Gagging Act' if this is needed to serve the people for whom their organisations exist."

But, Leon Ward, a trustee of international development charity Plan UK, has said it's essential that charities always act within the law to protect the organisation and beneficiaries. He said: "My duty as a trustee of Plan UK is to act in the best interests of the charity and so it would not be appropriate for me to encourage Plan UK and its staff to essentially break the law.

"This could result in damaging action against the organisation and could negatively affect its reputation. I would, however, encourage charities – acting within the law – to call on a future government to repeal the Lobbying Act."

38 Degrees consulting on breaking lobbying law 

Last year, Turning Point CEO and cross-bench peer, Victor Adebowale, also urged charities to consider flouting the then-proposed law, and step up their campaigning at election time.

And campaign group 38 Degrees is already considering breaking the laws underpinning the Lobbying Act. It has launched a consultation with stakeholders on how it should react to the new law.

It asks whether it should register as a political party to escape the law; form a coalition of organisations who agree to flout the law together; stand alone and flout the law and run the risk of being taken to court or comply fully with the law.

The changes in the Lobbying Act come into force on 19 September 2014 and apply until the general election in 2015.

*Disclosure: Leon Ward is also digital marketing and communications executive at Civil Society Media