The Cook Labor Government is introducing a ‘post and boast’ offence saying new laws will 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.
Attorney General Tony Buti said the new laws are needed.
“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.”
Police Minister Reece Whitby also voiced his support for the new legislation.
“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.” Whitby said.
Once passed through parliament the new laws 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 and reckless driving, racial harassment, inciting racial hatred and depictions of Nazi symbols and salutes.
Announcing the proposed new laws the government said 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.
Last week Perth Children Court sentenced five teeenagers to juvenile detention over a series of assaults of gay men who they had lured to secluded spaces using the dating app Grindr.
The court heard that police first became aware of the assaults after one of the offenders posted footage of the crime to Instagram. After police confiscated the offenders phones they found significant footage of the assaults.
