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Retailer Zara and its security company, Bidvest Noonan, each paid out €10,000 for defaming the influencer's character Alamy Stock Photo

Influencer awarded €20,000 after security pulled back curtain in changing area of Zara store

The TikTok influencer said she suffered ‘signifcant upset’ when the security staff opened the cubicle curtain in the changing area.

A TIKTOK INFLUENCER and member of the Travelling Community with more than 125,000 online followers has been awarded €20,000 in damages against top retailer Zara and its security company, Bidvest Noonan, for defaming her character.

Judge Roderick Maguire said in the Circuit Civil Court that Krystal Joyce (20) of Glendhu, Ratoath Road, Dublin 15, had been a truthful witness who had suffered significant upset – particularly when a female security member pulled back a cubicle curtain in the changing area while she was trying on clothes and only partly dressed.

“I find Joyce was a truthful witness and was particularly upset because she has a social media presence through which she does her best to raise awareness for the Travelling Community of which she is a member,” Judge Maguire said.

Barrister Esther Earley outlined to the court how Joyce would frequently visit stores and try on ladies fashions which she would photograph in the changing rooms and then promote and recommend them to her TikTok followers naming the shops in complimentary mode where the items could be purchased.

Earley, who appeared with Aisling Woods of Michael Kelleher Solicitors, James Street, Dublin, said Joyce was stunned when she heard a security member repeatedly say within the hearing of other people “I am calling the guards.”

Joyce claimed she was upset and had asked if she could leave the changing area and was advised by security that she was not being allowed to leave.

She was eventually allowed out on the shop floor, while security and shop staff continued “interrogating” her.

Judge Maguire said Krystal Joyce had complained of having been subjected to a distressing incident during which there had been an implication she had been engaged in criminal activity.

She had given evidence of her curtain having been opened.

“The plaintiff has given honest and forthright evidence,” Judge Maguire said.

He found in particular the evidence of the first defendant Zara not to be persuasive at all and the evidence of one defence witness had not been credible in any way.

Following evidence drawn out in cross-examination by Earley of a falsified note about what had happened at the time, the judge said he found it very difficult to accept anything the witness said in court given “glaring inconsistencies.”

Judge Maguire held that the actions of Zara and the security staff had been in tandem with each other and constituted a defamation of Joyce that would reduce her in the eyes of right thinking members of the public.

“This was a public place she was used to frequenting and in the habit of trying on clothes,” he said. “I accept there were other people there and I fully accept her evidence.”

Judge Maguire awarded Krystal Joyce €10,000 damages against ITX Retail Limited, which trades as Zara’s flagship store in Blanchardstown, and a further €10,000 against Bidvest Noonan (ROI) Limited, Swords Business Park, Co Dublin, together with Circuit Court legal costs against both defendants.

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