South Australians will face jail terms of up to two years for sharing violent or illegal acts on social media under laws introduced to state parliament on Thursday to tackle the so-called trend of ‘posting and boasting’.
The new laws, which will apply regardless of whether the poster was the original offender, make the state the fourth jurisdiction to criminalise the use of social media to promote or publicise a criminal activity.
Victoria is now the only state yet to commit to introducing such laws, arguing they are covered by existing offences and powers – a view also held by the federal government.
Experts have also previously questioned the need for specific laws to target posting and boasting, although they acknowledge that an overall reduction in online content could make others less likely to engage in the crime.
Under South Australia’s proposed laws, people found guilty of posting content encouraging, glorifying or promoting criminal conduct, such as illegal activity involving motor vehicles and the use of weapons, could face charges.
A defence will, however, be available in legitimate cases, where the material was posted in the public interest for journalistic or artistic purposes, or for other educational reasons.
“Criminals who seek to gain notoriety by posting and boasting could potentially incite or encourage others, and further embolden their own illegal acts,” Attorney-General Kyam Maher said on Thursday.
“Giving authorities the ability to prosecute, with offenders facing up to two years in jail, should send a clear message that this type of behaviour will not be tolerated in our state.”
The laws, which were first proposed in October last year, have undergone consultation with the legal fraternity, law enforcement and educators in a round of consultations that ended in November.
If passed, South Australia will join the New South Wales, Queensland and the Northern Territory as the fourth state jurisdiction introduced post and boast laws over the last two years.
The Western Australian government has also committed to introduce laws if it is elected in the state March election. It has also proposed that those found guilty of circulating violent or illegal content face up to two years’ jail time.
At a Commonwealth level, the federal Opposition is also continuing to push for laws, having introduced a private members’ bill to parliament in March 2024 that proposes new takedown powers for the eSafety Commissioner.
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