The adoption of lobbying laws is increasing across the world, reflecting a shared commitment to transparency, accountability and the integrity of public decision-making. To fulfill this democratic promise, however, we have to ensure that they do not, in practice, narrow the operational space of civil society organisations (CSOs) and limit their ability to participate meaningfully in policymaking.
Reports from national partners and international organisations warn that where definitions are overly broad, legitimate advocacy by CSOs can be classified as lobbying. This can lead to burdensome registration, reporting and disclosure obligations that can harm organisations' reputation, divert resources away from core missions, and weaken their engagement with policymakers, stakeholders and the public.
Similar considerations apply to foreign influence laws, which are often introduced to enhance transparency and protect democratic systems from undue interference. These laws often impose additional reporting requirements and risk framing CSOs as foreign-funded influencers rather than independent civic actors. This creates negative perceptions that undermine CSOs' credibility in public.
Combined, the lobbying and foreign influence laws can create a chilling effect. They discourage organisations from engaging in policy debates, collaborating with government institutions, or mobilising communities on public issues. The cumulative outcome is a more restricted environment, which erodes the right of civil society to participate in public life - a cornerstone of democratic governance.
This briefer aims to advance discussion on how lobbying can be best regulated while fully respecting civil society's advocacy activities and the right to participation. It highlights examples of more balanced approaches and proposes issues for further consideration to safeguard the public space where civil society can play its full role.