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Posting and Boasting: Frequently Asked Questions

Can posting videos or photos of criminal activity on social media be illegal? Possibly, depending on your intentions. 

Earlier this year, the State Government introduced a new criminal offence to target the online posting and sharing of photos and videos displaying criminal conduct where the intent is to encourage, glorify or promote the conduct or increase someone’s notoriety. This is commonly known as “posting and boasting”.

Read the FAQ below to learn more about the legal issues raised by sharing or reposting illegal conduct on social media or other online communications platform.

Please note this article contains general information only. You can seek legal advice specific to your circumstances through our free and confidential Legal Helpline.

What does “posting and boasting” mean in legal terms?

“Posting and boasting” refers to the online publishing of material such as photographs or videos showing conduct that constitutes or appears to constitute a criminal offence, where the purpose of publishing is to boast about, glorify, promote, or encourage that conduct, or to increase notoriety for a person involved.

The offence focuses less on the content itself and more on the intent behind posting or sharing it. 

What are the legal consequences of posting or sharing videos or photos containing criminal offences online?

If your publishing intent is understood as “posting and boasting”, you face a penalty of up to two years’ imprisonment. 

This reflects the seriousness with which Parliament views the social harm caused by glorifying or promoting criminal behaviour online. The law change  addresses a growing trend in digital influencers seeking to boost visibility by sharing unlawful actions or content, especially among young people.

What types of crimes can’t be shared online?

The new law applies to a broad range of prescribed offences, including:
•    dangerous or illegal driving, such as hooning, burnouts, or racing
•    violent offences, including fighting and assault  
•    weapons offences
•    theft
•    property damage (including graffiti)
•    criminal trespass.

This list can also be expanded by regulation, meaning further offences may be added over time.

Can I post a video or photo of someone else committing a crime?

The “posting and boasting” law may apply to you even if you did not commit the offence shown in the video or photo, if your intent is to glorify or promote the offender or their behaviour.

You may be at risk if you:
•    film or take pictures of someone else committing a prescribed offence, and
•    post or share that material intending to glorify the behaviour or increase someone’s notoriety.

For example, sharing footage of a friend fighting or driving dangerously and praising the behaviour could expose you to prosecution.

What if I simply share or repost a video that someone else uploaded?

Sharing or reposting material may still amount to ‘publication’ under the law. If the sharing is done with the relevant intent (such as glorifying or encouraging the conduct), it could fall within the offence, even if you were not the original uploader or did not record the crime yourself.

Does it matter if the post is in a public or private group or chat?

The law does not distinguish between public posts and private or restricted groups. In the context of the “posting and boasting” law, publication also includes sharing content to closed online channels, such as:
•    group chats
•    closed forums
•    private messages or social media direct messages (DMs)
•    school or community social media groups.

In essence, it doesn't matter if you share the content only through private social media groups, messaging apps, or closed forums. 

If the material features criminal conduct and you share it intending to promote the action or the person engaging in illegal activity, your publication may expose you to legal risk and prosecution.

What if I filmed something illegal but did not intend to glorify it?

Your intent is critical. If your purpose is not to glorify, promote, or encourage the offending, and not to increase anyone’s notoriety, you are unlikely to have committed an offence. However, this depends on the surrounding circumstances and how the material is presented.

Captions, emojis, commentary, and the context of sharing can all be relevant to determining intent.

Is there a defence for filming or sharing for public safety reasons?

Yes. The law provides a defence where material is published for a “legitimate public purpose”.

This can include:
•    fair and accurate reporting of a matter of public interest
•    warning others about dangerous or unlawful behaviour
•    providing information to authorities.

Whether the defence applies will turn on the specifics of why and how the material was shared.

What about recording incidents to report them to the police?

Recording possible criminal conduct for the purpose of reporting it to police or Crime Stoppers directly is very different from posting it on social media and is unlikely to attract liability under the posting and boasting provisions.

Are dash cam or CCTV recordings affected?

Dash cam and CCTV footage are not problematic on their own. The key consideration remains the act of sharing, its intent and use. Capturing footage for security purposes is unlikely to break the law if you don’t publish it online. Supplying such footage to police, insurers, or investigators is generally appropriate.

However, posting that footage online to mock, shame, or glorify illegal conduct may result in criminal charges.

How do I know an action I recorded or photographed is a criminal offence?

Some crimes may be easy to spot right away, but this isn’t always the case. Currently, the list of criminal offences captured by the posting and boasting law is restricted to driving offences, theft, violence, weapons offences, property offences and criminal trespass. 

Some of the most common examples include:
•    physical aggression, fighting, assault, or physical violence
•    bullying, threats, or verbal abuse
•    dangerous driving, hooning, speeding, or breaking road rules
•    revenge porn, sexual assault, or sexual harassment
•    stealing, shoplifting, pickpocketing, or receiving stolen property
•    possession of illegal drugs, firearms or weapons, drug dealing or trafficking
•    damage to property, breaking into someone’s property, robbery.

If you are in doubt, use caution and avoid posting before seeking legal clarification.

Can young people be charged with posting and boasting?

Yes. The law applies broadly, including to young people, and is particularly concerned with the sharing of violent behaviour, including fights.

Sharing fight videos for entertainment or social status may expose young people to legal consequences, even if they are only bystanders.

Need Legal Help?

If you are concerned about content you have posted, shared, or plan to share, consider contacting a lawyer for advice specific to your situation. 

Legal Services can help you with tailored and confidential legal advice about posting and boasting laws, and many other topics. 

For more information, visit our free legal advice page.