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Government To Consult On ‘posting And Boasting’ Laws

SA Gov

People who seek to gain notoriety on social media by bragging about criminal exploits could face jail time under new laws the State Government is set to consult on.

The Government is moving to act to tackle the insidious trend of so-called posting and boasting, where criminal activities are filmed and shared online.

Under the proposed laws, perpetrators could face up to two years in prison.

The laws would apply to offences including violent acts, illegal activity involving motor vehicles, use of weapons or taking, damaging, destroying, removing, using, interfering with or entering property.

The draft Bill would also make it an offence for those who publish offending material regardless of whether they were actively involved in the criminal offence itself, and making practical changes to ensure the offence is not unduly broad.

Defences will be available in cases where there is a legitimate reason to post footage of illegal activity – such as informing the public, or in the course of carrying out law enforcement activities.

Targeted consultation will take place with government agencies including the Department for Education, advocacy bodies for children and young people and the legal profession from today until early November.

The Government acknowledges the efforts of the Hon Frank Pangallo MLC for the work he has done in this space and putting forward the issue to Parliament.

The announcement comes the week of the Australian-first two-day, two-state Social Media Summit. Premier Peter Malinauskas will travel to Sydney for the New South Wales Government’s component of the Summit on Thursday 10 October. The South Australian component of the Summit will be hosted and moderated in Adelaide on Friday 11 October by renowned author and journalist Annabel Crabb.

ASIO Director-General Mike Burgess AM will deliver the keynote address at the South Australian component of the summit. Ms Crabb will lead two expert solution panel discussions addressing the areas of Regulatory and Legislative Protection, and Public Health, Prevention and Education.

The Summit will also hear a message from former Chief Justice of the High Court the Honourable Robert French AC, discussing his recent report, commissioned by the Malinauskas Labor Government, outlining a legislative vehicle to ban children under the age of 14 from accessing social media.

As put by Kyam Maher

Trying to gain notoriety by seeking some form of outlaw status on social media by bragging about illegal acts can pose a serious risk to public safety.

It can undermine trust and confidence in authorities, it can encourage others to engage in criminal activities and it can glorify both criminal acts and those who engage in them.

The draft legislation we are consulting on will send a clear message that South Australia will not tolerate criminal activities and those who seek to make a name for themselves by committing dangerous, illegal acts.

I’d like to thank my Upper House colleague, the Hon Frank Pangallo MLC, for his efforts to raise awareness of this activity.

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