Social Media Law for Charities: A Practical Guide | LegalDocuments.co.uk
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Social media has become one of the most powerful tools a charity has. A single post can reach thousands of supporters, bring in donations, recruit volunteers and put a cause in front of people who would never have found it otherwise.
But with that reach comes a set of legal duties that many trustees and communications staff only think about after something has gone wrong. Data protection, fundraising rules, copyright, defamation and the Charity Commission's expectations all apply to what you post, share and allow on your channels.
This guide walks through the main areas of law that affect UK charities operating online, so you can build your presence with confidence rather than anxiety. It is written for trustees, staff and volunteers who want a plain-English overview without wading through regulator handbooks.
Overview
When people talk about 'social media law for charities', they are really talking about a cluster of different legal areas that all happen to apply when a charity uses platforms like Facebook, Instagram, LinkedIn, TikTok or X. There is no single Social Media Act.
Instead, charities are bound by the same laws as any other organisation, plus some rules that apply specifically to the charity sector. The UK GDPR and Data Protection Act 2018 cover how you handle supporter information. The Fundraising Code, overseen by the Fundraising Regulator, sets standards for how you ask for money.
The Advertising Standards Authority regulates marketing claims, including paid and organic posts. Copyright law protects the images, music and text you use. Defamation law applies to what you say about others and what others say on your pages. On top of this, the Charity Commission expects trustees to manage reputational and safeguarding risks, which increasingly means having a clear policy on how the charity behaves online.
Key steps
- Put a written social media policy in place. Every charity posting online should have a policy covering who can post, what tone is expected, how to handle complaints and comments, and what to do when something goes wrong. Trustees should approve it, staff and volunteers should be trained on it, and it should be reviewed at least once a year as platforms and risks evolve.
- Get your data protection housekeeping right. If you collect email addresses from a social media campaign, run a competition, or use targeted advertising based on supporter lists, the UK GDPR applies. Make sure your privacy notice is accurate, you have a lawful basis for each use of personal data, and you document consent where it is required. The ICO website has detailed guidance on direct marketing and online services.
- Follow the Fundraising Code when asking for donations. The Code of Fundraising Practice applies to online appeals, livestream fundraising, crowdfunding and peer-to-peer campaigns. Be truthful about how money will be used, make it easy for donors to understand what they are giving to, and take care with emotive content involving beneficiaries. Photographs and stories of the people you help need consent and careful handling.
- Respect copyright and image rights. Do not assume that because an image appears on Google or another social platform you can reuse it. Licence your images properly, credit photographers where required, and keep records of permissions. For photos and videos featuring identifiable people, especially children and vulnerable adults, you need consent covering the specific use on the specific platform.
- Moderate comments and manage reputational risk. Charities can be held responsible for content on pages they control, including comments left by others. Decide in advance how you will handle abusive, defamatory or misleading posts, keep a log of moderation decisions, and escalate serious incidents to trustees. If a post could damage public trust in the charity, the Charity Commission may expect to hear about it as a serious incident report.
Common questions
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.
Common questions
Q Do charities need a separate social media policy from their general communications policy?
Most charities benefit from a standalone social media policy, even if it sits alongside a wider communications or safeguarding policy. Social media moves quickly, carries specific risks around comments and live content, and often involves volunteers who are not covered by staff handbooks. A dedicated policy makes it easier to train people and respond consistently when problems arise.
Q Can a charity use photographs of beneficiaries on Instagram without consent?
Generally no. If a person is identifiable, you normally need their informed consent before publishing their image, and that consent should cover the platform and the purpose. For children, vulnerable adults and service users, take particular care. Safeguarding considerations may mean that even with consent, publishing the image is not appropriate. Keep written records of consents given.
Q Are trustees personally liable for things posted on the charity's social media?
Trustees are responsible for overseeing how the charity operates, which includes its online presence. They would not usually face personal liability for an individual post, but they can be criticised by the Charity Commission for failing to put reasonable systems in place. Adopting a policy, training staff and keeping oversight of accounts goes a long way to demonstrating sound governance.
Q What happens if someone leaves a defamatory comment on our charity's page?
A charity may become legally responsible for third-party comments on pages it controls, particularly once it has been alerted to the content. Have a process to review complaints about comments quickly, remove anything that is clearly defamatory or abusive, and document what you did and when. Seek guidance before responding publicly to any potential defamation threat.
Q Do influencer partnerships and paid ads count as fundraising?
Often yes. If the activity is encouraging donations or promoting the charity's cause in return for value, the Code of Fundraising Practice and ASA rules apply. Paid partnerships must be clearly identified as advertising, and claims about the charity's impact must be capable of being substantiated. Treat influencer work with the same rigour as any other campaign.
Q When should a social media issue be reported to the Charity Commission?
The Commission expects trustees to report serious incidents, which can include significant reputational damage, safeguarding concerns, data breaches or financial loss arising from online activity. Not every negative comment needs reporting, but incidents that involve genuine harm, legal breach or substantial public criticism usually do. The Commission publishes examples of what it considers reportable.
Q Can we share news articles and other content that mentions our charity?
Sharing a link to a published article is normally fine, but reproducing large portions of text, full images or paywalled content without permission can breach copyright. Commenting on and linking to the original source is the safer approach. If you want to quote extensively or reuse images, contact the publisher for a licence.
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovCharity Commission for England and Walesgov.uk
- Official SourceFundraising Regulator, Code of Fundraising Practicefundraisingregulator.org.uk
- Official SourceInformation Commissioner's Office (ICO)ico.org.uk
- Official SourceAdvertising Standards Authority (ASA)asa.org.uk
Legal helpline
Unsure how the rules apply to your charity?
Social media law for charities pulls together data protection, fundraising rules, copyright and reputational risk, and the right answer often depends on the detail of what you are planning to post. An experienced legal adviser can help you think through your specific situation on the phone, based on what you describe.
- Plain-English answers to your specific questions about posting, fundraising or moderation
- Practical perspective on the rules that matter most for what you describe
- Guidance tailored to your charity's situation and the issue you are facing
- A clearer sense of what to watch out for before you post or launch a campaign
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.