Gillian Harkness-McKinlay
- Partner
It’s that time of year when we hear, on a loop, the same old favourite Christmas anthems including the perennial favourite, Band Aid’s “Do They Know It’s Christmas?”. This year sees a 40th anniversary remake of the original, mixing vocals from the previous iterations. However, this attempt at something positive has not been without controversy.
Ed Sheeran has been critical of the new remix and has publicly stated that Band Aid did not seek his permission to re-use his vocals and that, had they done so, he would have refused. This stems from criticisms that the song portrays Africa in a negative light. Ethiopia’s Prime Minister, Abiy Ahmed, told The Times that although the original was “well-meaning at the time”, he finds it frustrating “to see our nation’s ancient history, culture, diversity and beauty reduced to doom and gloom”.
Sir Bob Geldof, one of the founders of Band Aid, has responded quite vociferously to the criticism highlighting the good that the song has achieved, telling The Times that “This little pop song has kept millions of people alive” and questioning the appropriateness of ceasing to do that.
As with all organisations, charities must be able to balance their original objectives (and how best to achieve these) with current sensibilities and be prepared to adjust how things are done accordingly. As ever, the key is what is in the best interests of the charity in fulfilling its purposes – and sometimes, where there are particularly strong negative public perceptions or publicity, this will necessitate a change in approach. We live in an increasingly socially aware society, where accessibility to social media has made instant feedback and backlash the norm. As a result, charities must also be careful not to have a knee-jerk reaction to criticism and to carefully consider all relevant factors (which could actually set a tricky precedent). “Do They Know It’s Christmas” has an enduring popularity and continues to raise much-needed funds to help support those experiencing hunger and famine but it would ultimately be unwise not to acknowledge the commentary coming from those within Africa, and Sir Bob has done that and publicly welcomed the discourse.
Generally, there is no definitive right or wrong decision for charity trustees to make when faced with issues triggering public debate. The key is that the trustees can demonstrate that they took a decision, in good faith, considering the key relevant factors and coming to a determination as to what is overall in the best interests of the charity in achieving its purposes. Charities can find themselves stuck between a rock and a hard place – when the National Trust (England and Wales) attempted to acknowledge links between its properties and histories of colonialism and slavery, that led to allegations (which triggered a Charity Commission investigation) that the Trust was acting out with its charitable purposes. Ultimately the Charity Commission concluded that there were no grounds for regulatory action but welcomed the Trust’s commitment to take into account a wide range of views.
Holding office as a charity trustee is certainly not for the faint of heart and requires considerable skills and qualities – including the ability to adapt, have empathy and understanding for different viewpoints and (at times) the courage to hold firm in your convictions.
Our team is able to offer personalised advice and support. We are always here to help you to navigate tricky decisions.
If you have any questions relating to any of the points raised in this article, please don’t hesitate to speak to our Charities team or your usual Anderson Strathern contact.
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