- Legislation introduced this week criminalising social media posts of illegal activity
- Posts aimed at enhancing offenders' notoriety and humiliating victims to be outlawed
- Bill will seek to protect community by imposing heavy penalties and take-down orders
The Cook Labor Government is introducing a 'post and boast' offence to punish the glorification of illegal and dangerous acts on social media, continuing to support the safety and security of every Western Australian.
The new laws will impose penalties of up to three years' jail for circulating such material, including online.
The reform aims to prevent the further harm and re-traumatisation of victims caused by malicious posting of criminal behaviour and dangerous incidents.
The laws will target material on social media that may humiliate, intimidate or victimise a person, increase the reputation or notoriety of the offender, glorify the conduct, or encourage copycat behaviour.
They will give courts the power to order the removal of offending material, with failure to do so punishable by up to 12 months' prison and a $12,000 fine.
Offences covered by the legislation will include:
- assaults;
- stealing and robbery;
- property damage;
- dangerous or reckless driving;
- racial harassment and inciting racial hatred; and
- Nazi symbols and salutes.
Being charged and convicted of a post and boast offence will not be dependent on a conviction for the conduct depicted in the circulated material. The offence will also apply to people who repost the material.
The sharing of material for legitimate purposes like reporting news and current affairs reports, complaining or warning about criminal conduct, or for genuine artistic or satirical purposes will not be penalised.
As stated by Attorney General Dr Tony Buti:
"We are prioritising this legislation and getting on with delivering a key election commitment.
"Glorifying criminal behaviour on social media is simply not good enough, and these new laws will crack down on it.
"We are sending a clear message to the community and to those who seek to glorify this sort of criminal behaviour that it's just not on, and there will be consequences.
"Community safety is a priority for this government, this includes ensuring people feel safe when online and protecting victim-survivors from re-traumatisation."
As stated by Police Minister Reece Whitby:
"People trying to glamorise criminal or anti-social exploits on social media pose an unacceptable risk to community safety by encouraging imitators.
"Western Australia will impose the highest maximum penalty among all the States that have introduced similar legislation.
"Importantly, the laws will compel offenders to take down posts and penalise those who choose to share them online."
