Post crime, do time: New laws mean sharing footage of illegal acts online could land you in jail – even if you weren’t the one committing or filming the crime. Here’s how they’ll work.
South Australia is drawing a line in the digital sand: If you commit a crime and post it online, you could be looking at jail time. Even if you weren’t there and reshare the content online, you too could be facing prosecution.
The state government has introduced new ‘posting and boasting’ laws into Parliament that could see offenders face up to two years behind bars for sharing footage of illegal activities.
But what does that actually mean? Can you be charged just for posting, or do you need to have committed the crime too? And what if you’re just sharing a video you found online? Let’s break it down.
What exactly is ‘posting and boasting’?
It’s the modern-day equivalent of a criminal victory lap – where people film and share their own or their friends’ illegal acts on social media, from reckless driving to vandalism and street fights. The goal is likes, shares, and online notoriety.
The problem is these posts don’t just document crime – they glorify it, encourage copycats, and sometimes even escalate violent behaviour.
That’s why the government is stepping in.
Can you be charged just for posting, even if you weren’t involved?
Yes. The new laws allow for prosecution even if you weren’t involved in the original crime. If you share or repost content with the intention of promoting or glorifying criminal activity that is depicted in that content, you could be charged under the new ‘posting and boasting’ laws – even if you weren’t physically present when the crime happened.
That means:
- No, you don’t have to be the person committing the crime.
- No, you don’t even have to film it yourself.
- Yes, just resharing content in order to promote or glorify the depicted crime could get you in trouble.
But what if I’m just sharing news?
Then you don’t need to stress: The laws won’t criminalise legitimate content shared in the public interest, such as:
- News reporting and journalism
- Documentaries and crime awareness videos
- Footage used for educational or artistic purposes
- Law enforcement sharing evidence to track criminals.
So if you’re posting to inform rather than to show off, you’re in the clear.
What crimes are covered?
These laws are designed to stop the promotion of serious criminal activity. They specifically target content that glorifies dangerous or harmful crimes, not minor infractions or low-level offences.
The new laws will be applied to content that depicts certain criminal acts – not every single offence.
This includes things like:
- Assaults and violent acts
- Illegal street racing and hoon driving
- Property damage, theft and trespassing
- Weapons-related crimes.
Can you be charged twice if you do the crime and post about it?
Yes. The new laws treat committing the crime and posting about it as two separate offences. If you’re caught breaking the law – say, by vandalising property – you can be charged for the original crime. But if you also post about it online to show off, you can face an additional charge under the new laws.
This means you could be hit with multiple charges for the same incident:
- One for committing the crime
- Another for glorifying it online
- And that extra charge could add up to two years to your sentence if convicted.
If you weren’t charged for the crime, can you still be charged for posting about it?
Yes. Even if authorities decide not to charge you for the original crime – perhaps due to lack of evidence – you could still face prosecution under the ‘posting and boasting’ laws if you share and glorify the illegal act online.
The reasoning? The laws are designed to prevent crime glorification, even in cases where police may not have enough evidence to prosecute the actual offence. So while you might escape charges for the act itself, boasting about it online could still land you in serious legal trouble.
When do these laws take effect?
Expect them to come into effect later this year. The state government has now introduced the laws to Parliament, after consultation with legal experts and law enforcement to ensure they are both effective and fair.
The next step is for the legislation to be passed into law by Parliament. Authorities can then start enforcement. If you post something incriminating, expect it to draw the wrong kind of attention.
Real-world examples: How these laws apply
Want to know how the new laws will work IRL? These examples break down the difference between using online content as evidence for a crime and facing extra charges under the new ‘posting and boasting’ laws for glorifying illegal acts.
Street racing for views
A driver films themselves drifting through an intersection and posts it for clout. Police use the footage to charge them with dangerous driving. Because they posted the footage to brag about it online, they also face an additional charge under the new ‘posting and boasting’ laws, which could add up to two years to their sentence.
Street fight goes viral
A group records and posts a violent pub fight, boasting about how badly the other person was beaten. The video helps police identify and charge those involved in assault. But the person who filmed and uploaded it – since they weren’t reporting or raising awareness in the public interest – could also be charged under the ‘posting and boasting’ laws for promoting violence.
Tagger targets heritage building
Someone spray-paints an offensive tag on a historic building and brags about it in an Instagram reel that they posted. Police might struggle to catch them if no one saw the act in person, but the video provides direct evidence for a vandalism charge. On top of that, the ‘posting and boasting’ laws will mean they can also face extra penalties for glorifying the crime.
