to Dr Jennifer Wilson
“You have in your published writings pointed to the fact that child abuse is a transgression of several articles of the Universal Declaration of Human Rights and have called for domestic law to give effect to a charter of rights. You are no doubt aware that the Universal Declaration of Human Rights powerfully affirms the right to honour and reputation. Article 12 provides that “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks on his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.”
You should reflect upon the fact that you have seriously flouted your obligation to uphold the Universal Declaration. Would you care to be described publicly as “deceptive and duplicitous?”
Australian law protects Ms Tankard Reist against your breach of her rights, through the law of defamation. It is an imperfect protection, because it cannot require you to retract or apologise for your breach.
The only remedy the law provides is the right to obtain a judgment declaring that what you wrote was false, and an award of compensation. If you will not retract, the law will protect our client’s rights.
Without prejudice, we note that our client’s aim in this is not to bankrupt you. She would much rather you came to your senses and realised that a person who wishes to be taken seriously as a social commentator, who has pretensions as a scholar of human rights with a PhD should check their facts, and not indulge in flights of libellous fancy. If this matter can be resolved by negotiation resulting inter alia in a correction and apology, that would be far preferable to the expense of proceedings in the ACT Courts.”
Rick Lucas, Colquhoun Murphy.
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