As a retailer, can I publish a video or photos of people I suspect are shoplifting?

There are considerable risks to your organisation if you choose to publish images or upload them online. Although you may think the image shows that a person has shoplifted goods or you may suspect they have and want to find out who they are, there is always the possibility that you are mistaken. 

Publishing and sharing an image without checking its accuracy can cause the person serious embarrassment and make you vulnerable to a potential defamation law suit.

Read about a case which our office dealt with in which a shop manager posted photos on Facebook of a teenage girl whom she suspected of shoplifting.

If you believe you have evidence that a crime has been committed, you should contact Police. If you use CCTV to detect and record crime, you may be able to provide copies to Police so they can investigate. If you have banned someone from the shop for suspected shoplifting, you might also want to make a still image or photo accessible to staff.

Updated October 2025