‘Highest maximum penalty': Crimfluencer crackdown in WA
The Cook government announced on Tuesday legislation criminalising social media posts of illegal activity, with posts aimed at 'enhancing offenders' notoriety and humiliating victims' to be outlawed.
The move makes Western Australia the fifth state to implement such laws following NSW, Victoria, Northern Territory and Queensland. Tasmania and South Australia have also committed to rolling out similar measures.
The new laws will impose penalties of up to three years' jail for offenders and give West Australian courts the power to order the removal of offending material, with failure to do so punishable by up to 12 months' prison and a $12,000 fine.
The punishments are the toughest among the states who have introduced similar laws, with most states imposing penalties of up to two years jail for offenders.
Offences covered by the legislation include:
• Assaults
• Stealing and robbery
• Property damage
• Dangerous or reckless driving
• Racial harassment and inciting racial hatred
• Nazi symbols and salutes.
Attorney-General Tony Buti said the laws sent 'a clear message' to those seeking to glorify criminal behaviour that posting these videos on social media was 'just not on, and there will be consequences'.
'Glorifying criminal behaviour on social media is simply not good enough, and these new laws will crack down on it,' he said.
'Community safety is a priority for this government, this includes ensuring people feel safe when online and protecting victim-survivors from retraumatisation.'
The legislation will also apply to those who share illegal material, although sharing the material for purposes like journalism, complaining or warning about criminal conduct or 'genuine artistic or satirical purposes' will not be penalised.
Police Minister Reece Whitby said 'people trying to glamorise criminal or anti-social exploits on social media pose an unacceptable risk to community safety by encouraging imitators'.
'Western Australia will impose the highest maximum penalty among all the states that have introduced similar legislation.
'Importantly, the laws will compel offenders to take down posts and penalise those who choose to share them online.'
The introduction of the laws across Australia have not been free of criticism. University of Queensland associate professor Renee Zahnow said there was a lack of empirical evidence that the laws prohibited criminal acts.
'If the aim is to address infamy and copycats, then it will not necessarily have any impact because most of the CCTV and video footage posted online and then shared and replayed continuously by media outlets does not originate from perpetrators but instead from members of the public,' Professor Zahnow told AAP.
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