A recent spate of thefts has weighed heavily on retailers with many owners posting store footage on social platforms in a desperate bid to identify their shoplifters.
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As the festive season fast approaches, these worries are now climbing at pace along Summer Street.
After speaking with a variety of business owners, solicitor with Orange's Blackwell Short law firm, Charles Henley says the recent rise in shoplifting has become a known issue.
He says the main reason people take to social media with closed-circuit television is to name offenders - either for police intel, or to have their items returned and/or reimbursed.
"[Retailers are] concerned as we head into Christmas that incidents of theft will increase and they will be left with no options but to turn to social media for answers," Mr Henley told the Central Western Daily.
"There is nothing stopping a business from broadcasting the footage or images taken by cameras; and it's not a problem in circumstances where the accusation is found to be correct.
"The presence of the offender's face being on social media can lead to the culprit being identified and, in some circumstances, the items are returned shortly thereafter."
One legal requirement to operate CCTV in public settings is to display signage, which alerts people to security cameras being present and actively operating.
Usually removing the footage from social media once the person is identified (and items returned), store owners are taking a fairly above-board course of action if the person did, in fact, shoplift.
The presence of the offender's face being on social media can lead to the culprit being identified.
- Orange solicitor Charles Henley amid recent name-and-shame practice following local shoplifting incidents.
However, Mr Henley says there can still be potential legal ramifications amid these name-and-shame tactics.
This is, in situations where someone is falsely identified, broadcasting could connect them to a theft they weren't actually involved in.
"Just like there is nothing stopping an owner posting the content, there is nothing preventing a person issuing proceedings for defamation," Mr Henley said.
"In those circumstances, it can be argued that the person wrongfully-named may bring a [defamation] claim against the business.
"While the most likely outcome would be that the owner is requested to take the content down, a person who feels like their reputation has been tarnished or damaged may [take the above legal action].
"Irrespective of how expensive they are and whether or not there are merits to the claim, I'd urge any business owner with any concerns to seek legal advice, or speak with police first."
Not often talked about by retailers, Mr Henley says another note of mention with naming-and-shaming is possible retribution from offenders.
He says owners worry these alleged thieves will return to their store and cause further damage.
"This all needs to be weighed against the risk of preventing or deterring further incidents of theft," he said, "but the number one benefit of CCTV cameras is they're a deterrent to potential offenders.
"Just the presence of a camera on the front door and automatic sensors has turned away many would-be thieves, from both homes and places of business."
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Emily Gobourg
Em Gobourg is a Cabonne-based journo with the CWD. Outside of people and business yarns, she's usually wearing Tradie boots or found on a rugby paddock. Want to get in touch? Flick an email to emily.gobourg@austcommunitymedia.com.au
Em Gobourg is a Cabonne-based journo with the CWD. Outside of people and business yarns, she's usually wearing Tradie boots or found on a rugby paddock. Want to get in touch? Flick an email to emily.gobourg@austcommunitymedia.com.au
