Should you publish photos and videos of people you think have stolen from your retail business?
More and more retailers are sharing images and videos of people they say have stolen from them thanks to free access to social media platforms.
It seems to me that the biggest risk of such action is the possibility that publishing such material could be defamatory. All Australian states and territories passed the Defamation Act 2005, which stipulates under section 439:
(1) A person must not publish matter defamatory of another living person (the “victim”)— (a) knowing the matter to be false; and (b) with intent to cause serious harm to the victim or any other person or being reckless as to whether such harm is caused.
Are retailers able to reasonably determine truth as well as harm that could be caused.
I hear the argument – the video does not lie. However, in a court, with robust defence, theft may not be determined.
While we retailers want swift justice in the event of shoplifting, I am not sure that publishing a video or image on social media is justice.
No, I am not saying don’t publish videos and images on social media. Rather, I am saying take care, make an informed decision. Be sure of your facts. Make sure that the action you choose to take is worth it.
I’d note that in the US, the 7-Eleven approach is to build the cost of shoplifting into their product pricing model.
Here are some more resources on this for you:









