Corporate reputation under the European Convention on Human Rights

Acheson, David J (2018) Corporate reputation under the European Convention on Human Rights. Journal of Media Law, 10 (1). ISSN 1757-7632. E-ISSN 1757-7640. (doi:10.1080/17577632.2018.1464536) (Access to this publication is currently restricted. You may be able to access a copy if URLs are provided)

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Abstract

This paper examines whether corporations could claim a right to reputation under the European Convention on Human Rights. The existence of such a right could have significant implications for English defamation law as it relates to corporate claimants. The analysis in this paper focuses on Article 8 and Article 1 of Protocol 1, because the European Court of Human Rights has left open the applicability of each of these Articles to the corporate interest in reputation. While the Court’s case law in both of these areas is unclear, the argument advanced here is that there is no good justification for extending a right to reputation to corporations under either Article. However, given the often-haphazard approach the Court takes to developing its interpretation of Convention rights, there is a risk that it will uncritically extend a Convention right to reputation to companies in the future.

Item Type: Article
DOI/Identification number: 10.1080/17577632.2018.1464536
Uncontrolled keywords: European Convention on Human Rights; Article 8; Article 1, Protocol 1; Defamation; Reputation; Companies; Corporations
Subjects: K Law
K Law > KD England and Wales
Divisions: Faculties > Social Sciences > Centre for Journalism
Depositing User: David Acheson
Date Deposited: 19 Apr 2018 11:55 UTC
Last Modified: 29 May 2019 20:27 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/66695 (The current URI for this page, for reference purposes)
Acheson, David J: https://orcid.org/0000-0002-1158-7113
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