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Posting and boasting

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:

  • encourage, glorify or promote the conduct, or
  • increase a person's notoriety because of their involvement in the conduct.

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:

  • depicted conduct that did not constitute a prescribed offence [s 21AA(6)], or
  • was for a legitimate public purpose [s 21AA(4)].

A legitimate public purpose may be [s 21AA(5)]:

  • educating the public
  • fair and accurate reporting of a matter of public interest
  • an artistic pursuit
  • law enforcement
  • a medical, legal or scientific purpose.
Posting and boasting  :  Last Revised: Mon Feb 16th 2026
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