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“Security guards and retail employees have a difficult role in preventing shop theft, which unfortunately is on the rise in Ireland,” says Philip. “Quite often, they need to apprehend people they believe have stolen from the shop.”

“However, when they accuse someone of shoplifting, this must be done discreetly and respectfully to avoid damaging that person’s name if it turns out that they are, in fact, innocent,” he adds.

How is a shoplifting accusation defamatory?

Being wrongly accused of shoplifting can be a distressing and humiliating experience. Beyond the immediate embarrassment, if an accusation is made publicly, it can have an impact on your personal and professional reputation.

“Publicly accusing someone of a crime, such as shoplifting, can be defamatory if the accusation is false, without evidence and harmful,” says Philip.

According to the law, defamation occurs when false information is communicated to a third party, causing damage to your reputation. A statement is not defamatory if it is true or substantially true.

There are two types of defamation: libel (written) and slander (spoken). Since the Defamation Act 2009, ‘defamation’ has replaced both ‘slander’ and ‘libel’. Incorrect shoplifting accusations usually fall under the ‘slander’ type of defamation.

If you are wrongly accused of shoplifting without evidence, and this is done in public view, this could damage your good name and you may have grounds for a defamation claim.

“If you find yourself in this unfortunate situation, there are steps you can take to get a legal remedy and clear your name,” Philip adds.

What is needed to prove a case of defamation?

To succeed in a defamation claim, you must prove:

1. Publication: The accusation was seen or heard by at least one person other than yourself and the accuser. The term ‘published’ can mean any type of communication, including conversation with another person, speeches, or comments made on social media.

2. Identification: The defamatory statement was made about you, either directly or indirectly.

3. Defamatory nature: The statement harmed your reputation, causing others to think less of you.

4. Falsity: The accusation was not true and there was no basis for it.

In order to prove these points, Philip explains that it’s important to document everything that happened and gather evidence as early as possible after the incident.

“Collect any evidence that could support your claim. This could include statements from people who witnessed the incident, CCTV footage, or recordings of you being accused”.

“Write down exactly what happened, including when and where the accusation took place. Take a note for any witnesses, even if you don’t have their names. If there were CCTV cameras that may have captured what happened, it’s vital that we request this as soon as possible before it is deleted,” he says.

“And remember,” Philip adds, “there is a time limit of one year following the date of the defamatory act in which you can make a claim of defamation. It is important to speak to a solicitor as soon as possible after the event to start the process of your claim.”

If your defamation claim is successful, you may be entitled to compensatory damages

If you were wrongly and publicly accused of shoplifting, which in turn damaged your reputation, speak with a solicitor who specialises in defamation law.

They can assess the circumstances of your case to determine whether you can make a defamation claim, and then guide you through the legal process.

To find out more, contact us to tell us about your case.