From 16 February 2026, Part 3 of the Summary Offences Act 1953 (SA) criminalises posting photos and videos on social media platforms to brag about involvement in a crime (known as "posting and boasting").
Under s 21AA, it is an offence to publish material depicting conduct constituting or apparently constituting a prescribed offence intending to:
Offences prescribed for the purposes of s 21AA include driving offences, violent offences, weapons offences, theft, property damage and criminal trespass [s 21AA(7)]. Further offences may be prescribed, or excluded, by regulation.
For the purposes of s 21AA, a person may publish material if they publish material by electronic means, including posting, uploading or sharing material via the internet or on a social media platform or other electronic platform [s 21AA(7)].
Material includes photographs, images, representations, audio, video, or other recording [see s 21AA(7) for the precise definition].
It is not necessary, for a charge against s 21AA to be laid, for any person to be charged with or convicted in relation to the prescribed offence depicted [s 21AA(3)].
The maximum penalty for an offence against s 21AA is imprisonment for 2 years, but the penalty imposed must not exceed the maximum penalty that could be imposed in respect of the depicted prescribed offence [s 21AA(1), (2)].
It is a defence to a charge against s 21AA if the publication:
A legitimate public purpose may be [s 21AA(5)]: