WA cracks down on ‘crimefluencers’ with new ‘post and boast’ laws

Under legislation introduced by the West Australian government last week, individuals who circulate such content on social media could face penalties of up to three years in prison.

The government explained that the new laws are designed to prevent the “further harm and re-traumatisations” of victims caused by the “malicious” posting of these criminal acts and dangerous incidents.

The “post and boast” laws will also empower courts to order the removal of offending material from social media platforms, with failure to comply potentially resulting in up to 12 months in prison and a $12,000 fine.

The types of conduct that will be covered under the proposed laws include assaults, theft and robbery, property damage, dangerous or reckless driving, racial harassment, and the display of Nazi symbols or salutes.

Attorney-General Dr Tony Buti stated that the proposed legislation sends a strong message that the glorification of criminal behaviour on social media will not be tolerated in the community.

“Glorifying criminal behaviour on social media is simply not good enough, and these new laws will crack down on it,” A-G Buti said.

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“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.”

A-G Buti added: “Community safety is a priority for this government, this includes ensuring people feel safe when online and protecting victim-survivors from re-traumatisation.”

The introduction of this legislation follows the Victorian government’s implementation of similar “post and boast” laws at the start of the month, in response to growing public concern over young people “chasing clout” by posting about their crimes on platforms like TikTok and Snapchat.

However, since its introduction, the Law Institute of Victoria has raised three key concerns about the legislation, arguing that it lacks empirical support, targets offences that already carry significant penalties, and may result in unnecessary duplication within the legal system.

The West Australian government expressed that the new legislation will not require a person to have been convicted of the crime depicted in the material for the “post and boast” charge to apply.

Exemptions will apply for the sharing of such material in contexts deemed to serve a “legitimate public interest”, including news reporting, raising awareness, genuine complaints, and artistic or satirical expression.

Police Minister Reece Whitby said the legislation is necessary to discourage behaviour that could encourage imitation and further harm.

“People trying to glamorise criminal or anti-social exploits on social media pose an unacceptable risk to community safety by encouraging imitators,” he said.

“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.”