New South Wales and other Australian states are introducing laws to criminalise offenders who publish footage of their crimes on social media, a practice known as 'post and boast'. Victoria passed such legislation on Thursday, while Western Australia is considering similar measures. Critics argue the laws are ineffective and harmful, potentially driving more young people into a failing justice system.
The laws target behaviour like that of a 16-year-old in Moree, NSW, who filmed a stolen Audi's speedometer reaching 150km/h and shared it on Snapchat, thinking it was 'cool'. Under the new laws, such posts are illegal, with maximum penalties of two years' imprisonment. However, a children's magistrate in that case found no evidence the post encouraged others or was motivated by boasting.
Queensland was the first state to enact 'post and boast' laws in early 2023, followed by NSW, the Northern Territory, and South Australia. The reforms have been criticised by legal and human rights groups, including the Justice Reform Initiative, which says they are a 'headline-grabbing distraction' that won't address the drivers of crime.
Dr Mindy Sotiri, executive director of the Justice Reform Initiative, stated: 'These laws will be completely ineffective. They won't deter offending, they won't shift the way children and young people are using social media and they won't address the drivers of crime.' The laws have been passed despite arguments that existing legislation already covers such offences.
