Question:
Sinead O’Brien went into Centra to buy bread and milk and pick up a few other bits and pieces in January 2019. Sinead had a cold and while picking up a packet of biscuits, she reached into her handbag for her tissues. On another occasion, while she had a jar of honey in her hand, she reached into her bag again. The security guard approached her and asked her to come into the back office with him. While there, he asked to look into her bag. Sinead refused. The security guard told Sinead he would have to call the manager. Sinead waited there one hour before the manager arrived, as she was in another Centra store some miles away. When she arrived, Sinead was again asked to reveal what was in her bag. This time she complied and there was nothing in her bag except her personal effects. Is Sinead entitled to bring any claim against Centra?
Can an action be taken against Centra?
Sinead O’Brien is wanting to bring a claim against her local Centra shop after the on duty security guard accused her of shoplifting while shopping in the store. Ms O’Brien at the time was suffering from a cold, she reached into her bag to receive a tissue while holding a packet of biscuits, on a separate occasion she reached into her bag again to receive another tissue this time while holding a jar of honey. The on duty security guard claimed he witnessed her shoplifting the two items, when approached by the security guard he demanded to see inside her bag. After refusing the manager was involved. Her bag was checked and nothing but personal items were recovered. The issue of this case is whether Sinead can take a case against her local Centra store or not. Here the security guard had made a defamatory statement against Ms O’Brien when he accused her of shop lifting. The Defamation Act 2009 defines defamation as the tort of libel and the tort of slander, or the spreading of information that may be false.[1] A defamatory statement is a statement made about another person with the intent to injury that person’s reputation.[2] When the security guard of accused Ms O’Brien of shoplifting the items he might not of thought his accusations could injury Ms O’Brien’s reputation in her local area. A defamatory statement was made when the security guard had informed the manager of the store his believes of Ms O’Brien shoplifting, which was made orally between the two.
Every person has the right to a good name. With the slanderous accusations made about Ms O’Brien it might of destroyed her reputation and her good name around her local area, which could bring about occupational misfortune and her capacity to uphold her good name. According to Article 40.3.1° of the Irish Constitution ‘’The State guarantees in its laws to defend and vindicate the personal rights of any Irish citizen’’.[3] Meaning any Irish citizen has their rights that are protected by the Irish Constitution. Article 40.3.2° states that everyone has the right to a good name that will be protected from any unjust attack that may try to destroy that persons good name.[4]
Ms O’Brien can in fact take an action against the local Centra store for defamation after the on duty security guard wrongly accusing her for shoplifting. The security guard had allegedly witnessed Ms O’Brien put the items he claimed she had stolen into her bag. He had also held her in an office demanding she emptied the items from her handbag which he believed the stolen items were. As a result of this her reputation had been damaged by the actions of the security guard. After the actions of the security guard Ms O’Brien might have suffered both embarrassment and humiliation.
[1] The Defamation Act 2009.
[2] The Defamation Act 2009, S.2.
[3] Article 40.3.1° The Irish Constitution.
[4] Article 40.3.1° The Irish Constitution.
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