“Post and Boast” Bill
4 September 2025
I rise in support of the Summary Offences (Prohibition of Publication of Certain Material) Amendment Bill 2025.
This Bill deals with a phenomenon that has grown across the world and sadly, in our state, the disturbing trend of so called “posting and boasting.” We have seen too many instances where people have used social media to glorify or celebrate criminal acts, treating serious offences as if they were trophies to be displayed online.
What drives this behaviour is the recognition and notoriety that can come from publishing such material. For the perpetrators, there is a thrill in showing off to their peers. For victims, however, the consequences are devastating. Not only must they cope with the immediate harm – be it the theft of their car, vandalism of property, or a physical or sexual assault – they are then subjected to public humiliation when the offence is uploaded, shared, and even mocked online.
The Malinauskas Government believes this is unacceptable. It is bad enough for a young person to be assaulted in a coward’s punch or attacked at school – but to then have the video circulated among classmates, or broadcast across the internet, compounds the trauma. And we have seen this all too often. That is why this Bill matters.
We are not alone in addressing this issue. Other jurisdictions, including New South Wales, Queensland, and the Commonwealth, have already moved to criminalise “posting and boasting” and in South Australia must not lag behind. This legislation brings us into line with those jurisdictions and ensures our community is better protected from the harm caused by the glorification of crime.
The Bill inserts a new section into the Summary Offences Act 1953, creating an offence of publishing material depicting a prescribed offence, with the intention of encouraging, glorifying, or promoting that conduct or of increasing the notoriety of those involved. The maximum penalty is two years’ imprisonment, subject to the important caveat that the punishment cannot exceed the penalty for the underlying offence. This ensures fairness: that those who post are not held to a higher account than those who commit the crime itself.
The types of prescribed offences are serious and are carefully defined. They include:
offences involving vehicles, such as high-speed joyriding or vehicle theft;
offences involving violence or threats of violence, such as assaults and coward’s punches;
offences involving weapons;
offences involving damage to property;
theft, robbery, and related offences; and
trespass and related offences.
The Bill also recognises the importance of balance. It does not prevent the publication of material for a legitimate public purpose. That includes fair and accurate reporting by journalists, educational material, works of artistic merit, publications for law enforcement or public safety purposes, and for medical, legal, or scientific reasons. The onus lies on the prosecution to prove a publication was not legitimate. This safeguard ensures freedom of speech and responsible reporting are preserved, while malicious “posting and boasting” is stamped out.
Imagine a group of people stealing a car and livestreaming themselves speeding through suburban streets. They laugh as they run red lights and narrowly miss pedestrians. They livestream or share footage and get 100s or 1000s of comments, turning reckless criminal conduct into a form of entertainment. Scenes like this could easily end in tragedy, and they have before, at least twice in recent history that I can think of, but even if no lives are lost, the boasting, the glorification of this crime, creates in the minds of some, sadly, heroes, and encourages it to happen again. This Bill ensures that such behaviour will carry consequences, even for those who were not behind the wheel but who chose to glorify the crime online.
Importantly, while these laws will apply equally to everyone, we recognise that young South Australians are most at risk of being drawn into this behaviour. That is why the government will continue working with the Department for Education to ensure our young people understand the risks. The recent ban on mobile phones during school hours, and the broader move to restrict social media use for those under 16, form part of this wider effort. We cannot ignore the reality that every teenager now carries in their pocket what amounts to a film production studio. It is vital they understand that some content simply cannot be shared without serious consequences.
This Bill is about more than just criminalising harmful behaviour. It is about protecting victims from further trauma, about removing the incentive for criminals to seek notoriety, and about making it clear that crime is not entertainment.
I commend the Attorney-General and those who have contributed to this Bill.
We have a responsibility to send a clear message: if you commit a crime and then choose to broadcast it, you will face the consequences. This Bill does just that, and in doing so, it strengthens our justice system and safeguards our community.
I commend the Bill to the House.