What’s in a name? The case for protecting the reputation of businesses under Article 1 Protocol 1 of the European Convention on Human Rights

Peter Coe, James P Brown

Research output: Contribution to journalArticle

Abstract

This article approaches corporate reputation from an English law perspective. It argues that corporate reputation is at least as important as individual reputation, as it is not only vital for the health and prosperity of businesses themselves (whether large or small), but also for the communities within which they operate. Following analysis of conflicting jurisprudence from the European Court of Human Rights, which has led to a lack of clarity within English law, this paper contends that business reputation should be subsumed within the concept of property. Such an approach would then enable businesses to avail themselves of a positive right to the protection of reputation, as property, under Article 1 Protocol 1 of the European Convention of Human Rights.
Original languageEnglish
Pages (from-to)286-315
Number of pages30
JournalJournal of European Tort Law
Volume10
Issue number3
DOIs
Publication statusPublished - 14 Jan 2020

Keywords

  • Tort, Business Reputation/Corporate Reputation as Property

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