Posting and Boasting (SA)

In May 2025, the South Australian government introduced legislation criminalising what is known as ‘posting and boasting’. The Summary Offences (Prohibition of Publication of Certain Material) Amendment Bil 2025 makes it an offence to post material depicting and glorifying or encouraging the commission of offences. Several other Australian jurisdictions have passed similar laws. This page outlines the posting and boasting laws that are expected to come into force later this year in South Australia.

Offence to publish material depicting offence

Under section 21AA of the Summary Offences Act, a person commits an offence if they:

• publish material depicting conduct that constitutes a prescribed offence
• do so with the intention of encouraging, glorifying or promoting the conduct or to increase their notoriety because of their involvement in the conduct.

The offence will carry a maximum penalty of two years imprisonment. However, a court must not impose a greater penalty than the maximum penalty that applied for the prescribed offence that was depicted.

What is ’material’?

‘Material’ includes any information or date from which images and representations maybe produced; and audio, video and other recordings from which images or sounds may be produced or played.

What is ‘publish’?

Publish means publish electronically, including posting content online via the internet, social media or other platforms.

What is a prescribed offence?

A prescribed offence includes:

• an offence involving operating a vehicle
• an offence involving the use of violence
• an offence involving a weapon
• an offence involving damage to property
• an offence involving theft
• an offence involving trespass
• an offence declared t be a prescribed offence.

Who can be charged with this offence?

A person may be charged with posting and boasting if they publish material that depicts an offence and they:

• committed the offence
• were involved in the offence
• were not involved in the offence.

A person can be charged if they:

• took the photo or video themselves
• shared a photo or video that someone else took
• shared someone else’s post.  

A person can be charged with posting and boasting regardless of whether anyone has been charged with the prescribed offence.

Defence

A person is not guilty of an offence if they publish material depicting a prescribed offence for a legitimate purpose such as reporting on the offence, informing the public, or for a purpose connected to law enforcement or safety.

Reasons for the new offence

Posting and boasting offences have been introduced in several states after an increase in young people posting videos of criminal offending on social media, to gain notoriety, boast about their actions, and encourage similar offending. Attorney-General Kyam Maher stated that the new laws aim to send a clear message that the promotion and glorification of criminal behaviour will not be tolerated.

The new offence means that a person may be charged with an offence for publishing material depicting a crime on social media, as well as being charged with the crime itself. Other people, who encourage the behaviour by posting or reposting material depicting the crime, may also be charged even where they had no involvement in the crime.

Public responses

Posting and boasting offences in other states have received a lot of criticism.

Opponents of the laws argue that they target a symptom of a larger problem and do nothing to address the deeper underlying causes of youth crime – such as poverty and entrenched disadvantage.

Concerns have been raised that the laws will disproportionately affect Indigenous youth and will lead to higher rates of criminalisation and incarceration among Indigenous teenagers.  

It has also been predicted that the new offences will not deter young offenders, who do not consider the consequences of their actions.

Other jurisdictions

The Northern Territory, Queensland and New South Wales have also introduced legislation to make posting and boasting an offence.

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