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Caught a Thief? Asked For ID? Checked If A Note Was Fake? You Might Get Sued, CEO Warns

Neil McDonnell, CEO of ISME, told Kfm that shop staff are being sued for doing their jobs.

Retailers across Ireland say they're under legal siege.

Asking for ID. Refusing a dodgy €50 note. Requesting a receipt.

Any of these - they warn - can now lead to a defamation lawsuit.

Neil McDonnell, CEO of ISME, told Kfm that shop staff are being sued for doing their jobs.

He’s calling the new Defamation (Amendment) Bill a retreat - not a reform.

He said a key protection for retailers was quietly dropped from the bill.

It would have stopped lawsuits over everyday retail interactions.

Instead, he said cases are rising. 

He explained how one business faced four suits after refusing service to someone without ID.

They settled - at a cost of €27,000.

Others are told are being told not to confront shoplifters as it is not worth the legal risk.

McDonnell wants the Defamation Bill to reintroduce protection against “transient retail defamation” - so staff can't be sued for routine actions like asking for ID, checking a receipt, or refusing a fake note.

He has also called for a “harm test” to be added, meaning someone can only sue if they’ve suffered real reputational damage.

He argued that an an “expanded qualified privilege” in the Bill does not protect retailers. 

In 2023, Ireland had more defamation cases than England and Wales - 19 times higher per capita.

The Defamation (Amendment) Bill 2024 is currently wrapping up in the Seanad Éireann. 

It completed its Committee Stage on July 17, 2025, and is now approaching its Third Stage, typically the final review before enactment.

 

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