WA government to introduce 'post and boast' laws amid concerns about protests, freedom of speech
Footage posted on social media of two stolen cars hooning around a regional town in Western Australia is the sort of thing that has prompted new legislation set to be debated in state parliament this week.
The videos showed children with their faces covered, ramming police cars and bragging about their crimes.
Governments around the country initially called on the Commonwealth to pressure social media platforms to crack down on the content, but they are also taking their own action.
Last month, the WA government introduced a "post and boast" bill to parliament targeting so-called "crimefluencers" who boast about their offences on social media.
Some groups are concerned the proposed law goes too far, is too broad and will have a "chilling effect" on free speech. So what will happen if the bill is passed as it stands?
What exactly is this new legislation?
It is an amendment to the Criminal Code, named the "Post and Boast Offence".
It would make it an offence to "disseminate material" that depicts a crime with the purpose of boasting or glorifying the criminal behaviour or encouraging others to engage in the same conduct.
In essence, the government said it was targeting people who posted crimes 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".
That includes a range of criminal offences — assaults, stealing and robbery, property damage, dangerous or reckless driving, racial harassment and inciting racial hatred, and Nazi symbols and salutes.
The legislation makes clear that a person can be prosecuted regardless of whether they have been prosecuted, or convicted of, the offence depicted in their post.
The maximum penalty is three years in jail, one year more than the penalty for the same offence in Victoria.
Courts will also be able to order the person to "remove, retract, recover, delete, destroy or forfeit to the state" the post in question, punishable by 12 months in jail and a $12,000 fine if they do not comply.
Are there any exceptions?
The government says the changes aim to prevent further harm and re-traumatisation of victims, meaning there will be exceptions where people are not motivated by malicious intent and are posting for another reason.
The list of activities that will not be penalised includes material posted "for a genuine scientific, educational, academic, artistic, literary, satirical or entertainment purpose".
A journalist or news publisher reporting news or current affairs will not be prosecuted either.
https://www.abc.net.au/news/2025-08-12/critics-say-freedom-of-speech-concerns-wa-post-and-boast-laws/105638750