Summary Offences (Prohibition of Publication of Certain Material) Amendment Bill 2025

The Hon. J.S. LEE (15:40): 

I rise to speak on the Summary Offences (Prohibition of Publication of Certain Material) Amendment Bill 2025. Social media is changing rapidly and in some instances some of those changes are negatively impacting on the public safety and wellbeing of our community. This bill seeks to address and prohibit a growing trend of people posting material on social media to brag about their involvement in crime, commonly known as the posting and boasting bill.

I also want to take this opportunity to acknowledge the Hon. Frank Pangallo for his strong advocacy of this measure. I believe most honourable members would have seen or heard of instances of hoon drivers or their admirers posting videos of dangerous and illegal driving online and heard of people trying to one-up each other by undertaking more and more dangerous activities to post the videos online for their followers. Not only does this trend risk exposing community members to offensive material but it has also raised concerns across the community about the harm of promoting crime and encouraging and glorifying those who commit prescribed offences.

The bill proposes to create a new standalone offence for publishing material depicting an offence, with the maximum penalty of two years' imprisonment. Prescribed offences include offences that involve driving a vehicle or vessel, violence, weapons, damage or destruction of property, theft and criminal trespass. This offence would apply to anyone who publishes material online that appears to depict conduct constituting a prescribed offence and has the intention of encouraging, glorifying or promoting that conduct.

Material posted, uploaded or shared via the internet on a social media platform or other electronic platform will be captured by this legislation, even if, for example, posted to a group chat or a closed Facebook group. Additionally, a person who reposts or re-shares material originally published by someone else would also be captured by this legislation. Under this legislation, a person could be charged with this posting and boasting offence even if they were not involved in the prescribed offence that is depicted in the material. Equally, a person could be charged with this offence whether or not they, or another person, have been, or will be, charged with the related prescribed offence.

Of course, there are exemptions for publishing material for a legitimate public purpose, such as educating or informing the public, publishing a fair and accurate report of any event or matter of public interest or a work of artistic merit. Further, the prosecution must prove that the publication was intended to encourage, glorify or promote the conduct or to increase a person's involvement in the conduct depicted.

I note that concerns have been raised by the Law Society that young people may be disproportionately impacted by this legislation and I understand that one of the amendments that will be proposed by the Hon. Robert Simms would seek to exempt children under the age of 16 from this offence. From my briefing with the government, I understand that there is a strong intention for the Department for Education to deliver a significant education campaign. This will be crucial to ensure that young people understand the consequences of filming, posting and sharing material that depicts an offence.

I also appreciate that this legislation is intended to address a concerning trend that is prevalent among young people, with many vehicle offences that become viral videos being committed by the 20 to 30-year-old age group. Too often we see terrible footage of school bullying and violent assaults circulating on social media, and we must do something to prevent the additional harm that these viral videos can have on the victims.

We certainly must do everything to stop copycats potentially amplifying antisocial behaviours. Such conduct is both extremely harmful and dangerous. In the interests of protecting community safety, I indicate that I will be supporting the bill and will consider the Hon. Robert Simms' amendments, because he makes some very interesting points. I hope the minister might be able to provide some clarification to address the issues and concerns that have been raised by the Hon. Robert Simms in his speech. With those remarks, I commend the bill.