Frustration over ‘post and boast’ law consultation
Aaron Bunch |
Peaceful protests and free speech could fall foul of a proposed post and boast law designed to crack down on the glorification of illegal activity on social media, activists say.
The Western Australian legislation aims to make social media posts that boost an offender’s notoriety or humiliate victims a criminal act, but opponents say it is a risk to democracy and want the bill amended.
“It’s a deeply worrying bill that could have an absolutely stifling and chilling effect on public expression and peaceful protest in this state,” WA Greens leader Brad Pettitt told reporters on Monday.
“The government says they’re not planning on targeting protests and peaceful protests … but the way the legislation is written, it absolutely does.
“We need to make sure that those bits of the bill are either removed or modified.”
There is also criticism that a committee reviewing the legislation, introduced to parliament in August, won’t hear evidence from expert groups.
The Australian Democracy Network said the committee’s secrecy compounded the bill’s dangers.
“The committee has cited its three-month reporting deadline as a reason to exclude public submissions,” spokeswoman Anastasia Radievska said in a statement.
‘Shutting out community voices on that basis is indefensible.”
The network sent an open letter to the committee on Monday, demanding the inquiry be opened to the public.
Premier Roger Cook said his government had engaged with stakeholders and did not believe the laws would threaten people’s liberties or right to freedom of expression.
“There are many people in the community that are concerned that there are people out there who are trying to glorify unlawful or criminal activity using social media to cheer their friends on and encouraging others to break the law,” he told reporters on Monday.
“That’s not right, so we need to act to ensure that we keep the community safe.”
The WA government has previously said the laws were aimed at the promotion of illegal activity, such as hooning and motor vehicle theft, and that people who use social media to post about a rally or protest would not be prosecuted.
It also aims to prevent further harm and re-traumatisation of victims caused by malicious posting of criminal behaviour and dangerous incidents.
Penalties of up to three years’ jail for circulating such material, including online, could be imposed if the law passes parliament.
Victoria’s parliament passed similar laws in August, with anyone found guilty of a specified serious offence who has also posted and boasted about facing up to two years’ jail time on top of their sentence.
NSW has bolstered its bail laws and added a performance crime offence in 2024, targeting those who advertise certain crimes on social media.
Offenders who commit motor vehicle theft or break and enter crimes and share material to advertise their involvement face an extra two years’ imprisonment.
Queensland, South Australia and the Northern Territory also have similar laws.
The Tasmanian government said similar laws were on its legislative agenda.
The WA committee is expected to report to parliament in November.
AAP
