'Post and boast' laws 'threaten' free speech: activists
The Western Australian legislation could make social media posts that enhance an offender's notoriety or humiliate victims a criminal act, with penalties of up to three years' jail for circulating the material.
But conservationists and legal advocates say the laws, which are set to be debated in parliament this week, are a risk to democracy and want the Bill amended.
They say the legislation could criminalise the sharing of certain political material, including videos of direct-action activities and non-violent civil disobedience.
WA Justice Association lawyer Tom Penglis said there is no evidence the laws would deter crime and could lead to more people being incarcerated
"This is not simply a post and boast Bill that will apply to crimfluencers," he said on Monday.
"It is much, much broader than that and will have a chilling effect on free speech."
Less "extreme" versions of the laws had been staunchly opposed in Victoria, NSW and South Australia, Mr Penglis said.
Conservation Council of WA director Matt Roberts said the laws could have serious ramifications for people who share information about protest actions publicly.
"We believe this legislation could potentially be used to silence legitimate political dissent and undermine democratic freedoms," he said.
Premier Roger Cook said the laws wouldn't be used to stifle political debate, freedom of speech or protests and rallies.
The laws were aimed at the promotion of illegal activity, such as hooning and motor vehicle theft.
People who use social media to post about a rally or protest would not be prosecuted, he said.
"Encouraging people to break the law, glorifying that behaviour, or encouraging others to undertake that sort of behaviour is the primary focus," Mr Cook said.
Climate activists from the Disrupt Burrup Hub group have undertaken numerous protests against Woodside Energy's expansion of a gas project in WA's northwest, some of which have resulted in criminal charges.
These include the release of stench gas at the company's Perth headquarters in June, forcing the evacuation of about 2000 staff and spray painting a Woodside logo onto the perspex covering Frederick McCubbin's painting "Down On His Luck" at the Art Gallery of WA.
The government has previously said the legislation aims to prevent further harm and re-traumatisation of victims caused by malicious posting of criminal behaviour and dangerous incidents.
If passed in parliament, it gives courts the power to order the removal of offending material, with failure to do so punishable by up to 12 months' imprisonment and a $12,000 fine.
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