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South Australia proposes up to 2-years jail time for social media users glorifying crime

South Australia is set to introduce laws penalizing those who share content of criminal acts on social media, with penalties of up to two years in prison, aiming to curtail the trend of “posting and boasting.”

In a new legislative push, the South Australian Government has proposed to address the disturbing phenomenon of ‘posting and boasting’ on social media where individuals share content glorifying or admitting to criminal activities. The state aims to introduce laws that could result in up to two years of imprisonment for those engaging in such activities.

Attorney-General Kyam Maher MLC announced that the Government will commence consultations on the draft Bill, targeting the heightened trend where criminal acts are recorded and shared online. This includes offences involving violent actions, illegal usage of motor vehicles, weapons, and activities related to property damage or trespassing.

Under the proposed legislation, not only those who commit the criminal acts but also individuals who publish the content will face legal consequences, whether or not they were directly involved in the acts themselves. The Bill is structured to balance its scope and ensure it does not encompass unnecessarily broad areas.

Maher remarked on the negative impact of such social media behaviours, stating, “Trying to gain notoriety by seeking some form of outlaw status on social media by bragging about illegal acts can pose a serious risk to public safety.” He emphasized that this could erode public trust and confidence in law enforcement and encourage further criminal behaviour.

The Government is setting provisions in the Bill where defences could be available for posts that carry legitimate reasons such as public awareness or law enforcement scenarios.

Consultations on this matter will involve various stakeholders, including government bodies like the Department for Education, legal experts, and child and youth advocacy groups. This consultation period will run until early November.

The backdrop for this announcement aligns with an Australian-first event, the two-day, two-state Social Media Summit. Premier Peter Malinauskas is participating in the event, with a portion hosted in Sydney and moderated by renowned journalist Annabel Crabb in Adelaide. The summit will explore critical topics in regulatory and legislative protection, alongside public health and educational strategies related to social media use.

The summit will also feature a keynote address by ASIO Director-General Mike Burgess AM and a special message from former Chief Justice of the High Court, the Honourable Robert French AC, who recently outlined a potential legislative approach to restrict social media access to children under 14 years.

This legislative discussion follows comprehensive efforts from various sectors within the government to curb the increasingly prevalent culture of glorifying crime on digital platforms.

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