{"id":"BILL-WA-4F74F26B7A18299C48258CB50017F757","name":"Criminal Code Amendment (Post and Boast Offence) Bill 2025","slug":"criminal-code-amendment-post-and-boast-offence-bill-2025","collection":"bill","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-06-26","administeringDepartment":null,"currentVersion":{"id":446168,"registerId":"BILL-WA-4F74F26B7A18299C48258CB50017F757:current","compilationNumber":null,"startDate":"2025-06-26","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:47:40.717Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Criminal Code Amendment (Post and Boast Offence) Bill 2025\n\n25—1 page i\nWestern Australia\nCriminal Code Amendment (Post and Boast\nOffence) Bill 2025\nContents\n1. Short title 2\n2. Commencement 2\n3. Act amended 2\n4. Part IV Chapter 26B inserted 2\nChapter 26B — Disseminating material about\nparticular offending conduct\n221G. Terms used 2\n221H. Relevant offence 3\n221I. Disseminating material about particular\noffending conduct 4\n221J. Defence to s. 221I charge 6\n221K. Exceptions 8\n221L. Rectification order 8\n221M. Revocation, replacement or continuation\nof order 10\n221N. Revocation of order by court that made\norder 10\n221O. No appeal against certain decisions 11\n221P. Time for prosecution 11\n221Q. Disapplication of Interpretation Act 1984\ns. 71 11\n\npage 1\nWestern Australia\nLEGISLATIVE COUNCIL\nCriminal Code Amendment (Post and Boast\nOffence) Bill 2025\nA Bill for\nAn Act to amend The Criminal Code.\nThe Parliament of Western Australia enacts as follows:\n\nCriminal Code Amendment (Post and Boast Offence) Bill 2025\ns. 1\npage 2\n1. Short title1\nThis is the Criminal Code Amendment (Post and Boast Offence)2\nAct 2025.3\n2. Commencement4\nThis Act comes into operation as follows —5\n(a) sections 1 and 2 — on the day on which this Act6\nreceives the Royal Assent;7\n(b) the rest of the Act — on a day fixed by proclamation.8\n3. Act amended9\nThis Act amends The Criminal Code.10\n4. Part IV Chapter 26B inserted11\nAt the end of Part IV insert:12\n13\nChapter 26B — Disseminating material about14\nparticular offending conduct15\n221G. Terms used16\nIn this Chapter —17\nconduct has the meaning given in section 221I(2)(b);18\ndisseminate, in relation to material, includes —19\n(a) broadcast, communicate, exhibit, sell, send,20\nsupply, transmit or publish the material by21\nelectronic or other means, including social22\nmedia; and23\n(b) make the material available for access by24\nelectronic or other means by another person;25\n\nCriminal Code Amendment (Post and Boast Offence) Bill 2025\ns. 4\npage 3\nlaw enforcement agency means —1\n(a) the Police Force of the State; or2\n(b) the Police Service of the State; or3\n(c) the Office of the Director of Public4\nProsecutions of the State; or5\n(d) the Corruption and Crime Commission; or6\n(e) an entity of another State or Territory, the7\nCommonwealth or another country that has8\nfunctions similar to functions of an entity9\nreferred to in paragraph (a), (b), (c) or (d);10\nmaterial includes —11\n(a) any object, picture, photograph, film, written or12\nprinted matter, data or other thing; and13\n(b) any thing from which text, pictures, sound or14\ndata can be produced or reproduced, with or15\nwithout the aid of anything else;16\nrelevant offence has the meaning given in17\nsection 221H.18\n221H. Relevant offence19\n(1) A relevant offence is —20\n(a) an offence against a provision of Chapter IX,21\nXI, 11A, XXX, XXXVI, XXXVIII, XXXIX,22\nXLIV or XLVI; or23\n(b) an offence against any of the following24\nprovisions of the Road Traffic Act 1974 —25\n(i) section 59;26\n(ii) section 59A;27\n(iii) section 59BA;28\n(iv) section 60;29\n(v) section 60A;30\n\nCriminal Code Amendment (Post and Boast Offence) Bill 2025\ns. 4\npage 4\n(vi) section 61;1\n(vii) section 62;2\n(viii) section 62A;3\nor4\n(c) an offence prescribed by the regulations.5\n(2) An offence against the law of the Commonwealth, or6\nof any jurisdiction outside Western Australia, is a7\nrelevant offence if the act or omission that constituted8\nthe offence under that law would have constituted a9\nrelevant offence under subsection (1) if it had occurred10\nin Western Australia.11\n221I. Disseminating material about particular offending12\nconduct13\n(1) In this section —14\nchild means a child of any age;15\nvictim, of a relevant offence, means any of the16\nfollowing —17\n(a) a person who has suffered injury, loss or18\ndamage as a direct result of the relevant19\noffence;20\n(b) if a person (the deceased person) died as a21\nresult of the relevant offence — a person who,22\nat the time of the relevant offence, was —23\n(i) the deceased person’s spouse; or24\n(ii) the deceased person’s de facto partner;25\nor26\n(iii) a person to whom the deceased person27\nwas engaged to be married; or28\n(iv) a parent, grandparent, guardian,29\nstep-parent or step-grandparent of the30\ndeceased person; or31\n\nCriminal Code Amendment (Post and Boast Offence) Bill 2025\ns. 4\npage 5\n(v) a child, grandchild, step-child or1\nstep-grandchild of the deceased person,2\nor some other child for whom the3\ndeceased person was the guardian; or4\n(vi) a brother, sister, half-brother, half-sister,5\nstep-brother or step-sister of the6\ndeceased person; or7\n(vii) a person regarded under Aboriginal or8\nTorres Strait Islander customary law9\nand culture as a member of the extended10\nfamily or kinship group of the deceased11\nperson.12\n(2) A person commits an offence if —13\n(a) the person disseminates material; and14\n(b) the material depicts an act or omission15\n(conduct) that constitutes a relevant offence;16\nand17\n(c) a reasonable person would consider that —18\n(i) the material, or dissemination of the19\nmaterial, is likely to humiliate,20\nintimidate or victimise a victim of the21\nrelevant offence; or22\n(ii) the material, or dissemination of the23\nmaterial, is likely to be offensive or24\ndemeaning to a person or group of25\npersons; or26\n(iii) it is likely that the material was27\ndisseminated for a purpose referred to in28\nsubsection (3).29\nPenalty for this subsection: imprisonment for 3 years.30\n\nCriminal Code Amendment (Post and Boast Offence) Bill 2025\ns. 4\npage 6\n(3) The purposes are the following —1\n(a) the purpose of increasing the reputation or2\nnotoriety of a person who engaged in the3\nconduct;4\n(b) the purpose of boasting of the conduct;5\n(c) the purpose of glorifying the conduct;6\n(d) the purpose of encouraging others to engage in7\nthe same or similar conduct.8\n(4) A person may be prosecuted for, and convicted of, an9\noffence against subsection (2) whether or not anyone10\nhas been prosecuted for, or convicted of, the relevant11\noffence.12\n221J. Defence to s. 221I charge13\n(1) It is a defence to a charge of an offence against14\nsection 221I(2) to prove that —15\n(a) the material was disseminated for a genuine16\nscientific, educational, academic, artistic,17\nliterary, satirical or entertainment purpose; or18\n(b) the material was disseminated by —19\n(i) a journalist in the course of their20\nactivities as a journalist; or21\n(ii) a news publisher in the course of their22\nactivities as a news publisher;23\nor24\n(c) the conduct that is depicted in the material is25\nfictional or was artificially created; or26\n(d) the material was disseminated to warn of,27\ncomplain about or denounce the conduct; or28\n(e) the dissemination of the material was —29\n(i) reasonably necessary for the purposes of30\nlegal proceedings, reporting to or31\n\nCriminal Code Amendment (Post and Boast Offence) Bill 2025\ns. 4\npage 7\nassisting a law enforcement agency or1\nmaking an insurance claim; or2\n(ii) otherwise reasonably necessary in the3\ncircumstances;4\nor5\n(f) the dissemination of the material was in the6\npublic interest.7\n(2) In determining whether a person is a journalist, a court8\nmay consider the following matters —9\n(a) whether the person is regularly engaged and10\nactive in —11\n(i) gathering and assessing information12\nabout matters of public interest; and13\n(ii) preparing the information, or providing14\ncomment or opinion on or analysis of15\nthe information, for publication or16\nbroadcast, whether or not by a news17\npublisher;18\n(b) whether the person complies with a recognised19\nprofessional standard or code of practice in20\ncarrying out the activities referred to in21\nparagraph (a);22\n(c) any other matter the court considers relevant.23\n(3) In determining whether an entity is a news publisher, a24\ncourt may consider the following matters —25\n(a) whether the entity is engaged in the business of26\npublishing or broadcasting news, or comment27\nor opinion on or analysis of news, to the public28\nor a section of the public;29\n(b) whether the entity is a public or community30\nbroadcasting service engaged in publishing or31\nbroadcasting news, or comment or opinion on32\n\nCriminal Code Amendment (Post and Boast Offence) Bill 2025\ns. 4\npage 8\nor analysis of news, to the public or a section of1\nthe public;2\n(c) whether the entity complies with a recognised3\nprofessional standard or code of practice in4\npublishing or broadcasting;5\n(d) any other matter the court considers relevant.6\n221K. Exceptions7\n(1) In this section —8\nintelligence agency has the meaning given in the9\nCrimes Act 1914 (Commonwealth) section 15K.10\n(2) A member or officer of a law enforcement agency or11\nintelligence agency does not contravene12\nsection 221I(2) if the act that would otherwise13\nconstitute the offence is done in good faith in the14\nperformance of the official duties of the member or15\nofficer.16\n(3) A person does not contravene section 221I(2) if the act17\nthat would otherwise constitute the offence is done in18\ngood faith in the course of official duties connected19\nwith the administration of justice, including the20\ninvestigation of offences.21\n221L. Rectification order22\n(1) This section applies in relation to —23\n(a) a person charged with an offence against24\nsection 221I(2); and25\n(b) any proceedings for or relating to the charge26\n(including proceedings under the Bail27\nAct 1982) held before a court.28\n\nCriminal Code Amendment (Post and Boast Offence) Bill 2025\ns. 4\npage 9\n(2) The court may order the person to take reasonable1\nactions to remove, retract, recover, delete, destroy or2\nforfeit to the State any material to which the charge3\nrelates within a period specified in the order.4\n(3) The court may make an order under subsection (2) —5\n(a) on its own initiative; or6\n(b) on the application, which may be made orally,7\nof the prosecutor.8\n(4) The court may make an order under subsection (2)9\nwhether or not the person is convicted of the offence10\nagainst section 221I(2).11\n(5) In considering whether or not to make an order under12\nsubsection (2), and the content of that order, the court13\nmust have regard to any other similar obligations the14\nperson is under in relation to the material.15\n(6) This section does not limit a court’s powers under16\nsection 731 or under the Criminal Property17\nConfiscation Act 2000.18\n(7) A person who, without reasonable excuse, fails to19\ncomply with an order made under subsection (2)20\ncommits an offence.21\nPenalty for this subsection:22\n(a) imprisonment for 12 months and a fine of23\n$12 000;24\n(b) a daily penalty of a fine of $200 for each day25\nor part of a day during which the offence26\ncontinues.27\n(8) Paragraph (b) of the penalty in subsection (7) does not28\napply to a person who is a child at the time the order is29\nmade.30\n\nCriminal Code Amendment (Post and Boast Offence) Bill 2025\ns. 4\npage 10\n221M. Revocation, replacement or continuation of order1\n(1) This section applies if —2\n(a) a person is convicted of an offence against3\nsection 221L(7) in relation to an order made4\nunder section 221L(2); and5\n(b) at the time of the conviction the order has not6\nbeen complied with.7\n(2) The court convicting the person may —8\n(a) revoke the order; or9\n(b) revoke the order and make another order10\nagainst the person under section 221L(2).11\n(3) If the court convicting the person does not act under12\nsubsection (2) —13\n(a) the order continues to have effect; but14\n(b) without affecting the person’s conviction, the15\nperiod specified in the order is taken to be —16\n(i) the period specified by the court; or17\n(ii) if subparagraph (i) does not apply — the18\nperiod of 14 days from the day of the19\nperson’s conviction.20\n221N. Revocation of order by court that made order21\n(1) In this section —22\nprosecuting authority, for an order, means —23\n(a) the Police Force; or24\n(b) if the prosecutor before the court under25\nsection 221L was representing a different26\nprosecuting authority — that authority.27\n(2) If a court makes an order under section 221L(2), the28\ncourt may revoke the order if satisfied that there is29\ngood reason to do so.30\n\nCriminal Code Amendment (Post and Boast Offence) Bill 2025\ns. 4\npage 11\n(3) The court may revoke the order —1\n(a) on its own initiative; or2\n(b) on the application, which may be made orally,3\nof —4\n(i) the prosecuting authority for the order;5\nor6\n(ii) the person subject to the order.7\n(4) If the person subject to the order applies under8\nsubsection (3)(b)(ii), the prosecuting authority for the9\norder is the respondent to the application.10\n221O. No appeal against certain decisions11\nNo appeal lies from a decision of a court under12\nsection 221L(2), 221M(2)(a) or (b) or (3)(b)(i) or13\n221N(2).14\n221P. Time for prosecution15\nA prosecution for an offence against a provision of this16\nChapter may be commenced at any time.17\n221Q. Disapplication of Interpretation Act 1984 s. 7118\nThe Interpretation Act 1984 section 71 does not apply19\nfor the purposes of this Chapter.20\n21","sortOrder":0}],"analysis":{"summary":{"status_summary":"The bill is at the committee stage in the Western Australian Legislative Council.","complexity_score":7,"likely_questions":["Which specific criminal offences are covered under 'relevant offence'?","Can I be prosecuted for sharing a video of someone else's crime if I was not involved?","What types of material are considered 'likely to humiliate, intimidate or victimise a victim'?","How do I prove a 'genuine scientific, educational, artistic, or entertainment purpose' as a defence?","What happens if I am charged but the underlying offender is acquitted?","Can the court order me to delete material from my phone or social media even if I am not convicted?","Is there any way to appeal a rectification order?","Does this bill apply to content shared before it comes into force?","How does this bill affect journalists and news publishers differently from ordinary social media users?","What are the penalties for not complying with a rectification order?"],"complexity_factors":["Broad definition of 'disseminate' covering multiple forms of communication including social media","Multiple subjective tests (reasonable person standard, likelihood of humiliation or offensiveness)","Four alternative 'purposes' for dissemination that are not mutually exclusive","Defences with vague criteria such as 'public interest' and 'otherwise reasonably necessary'","Rectification orders that can be made even without conviction and carry criminal penalties for non-compliance","No limitation period for prosecutions","Disapplication of the standard interpretation act limitation rule","No appeal against court decisions on rectification orders, revocation, or continuation"],"plain_english_summary":"The Bill creates a new WA criminal offence (max 3 years’ jail) for disseminating material depicting certain serious offences where a reasonable person would see it as humiliating, demeaning, or intended to boast, glorify or encourage similar conduct. It applies even if no one has been prosecuted for the underlying act, allows several defences (including public interest, journalistic and artistic uses), and lets courts order removal or deletion of material with criminal penalties for non‑compliance. Prosecutions are not time‑barred."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"On the face of the bill, the content aligns with a focused purpose: criminalising dissemination of material that humiliates or glorifies particular criminal conduct and giving courts remedial powers to remove that material. The provisions define covered offences, set out the new offence, list defences and exceptions, and create a rectification‑order regime. There is no material in the text indicating the bill has grown beyond that stated objective into an unrelated policy domain. (If there were earlier drafts or an original, narrower proposal, those documents were not provided for comparison.)"},"complexity_factors":["Multiple defined terms in Chapter 26B (conduct, disseminate, law enforcement agency, material, relevant offence, victim) (section 221G and 221I(1))","Wide list of 'relevant offences' cross‑referencing many Code chapters and specific Road Traffic Act provisions, plus a regulation‑making catch‑all (section 221H)","Offence combines objective (reasonable person standard) and subjective/purposive elements (likely disseminated for increase reputation/boast/glorify/encourage), creating layered legal tests (section 221I(2)–(3))","Multiple, partly open‑ended defences (scientific/educational/artistic/etc., public interest, necessity for legal proceedings) and discretionary judicial considerations for journalist/news publisher status (section 221J)","Rectification‑order regime with pre‑conviction powers, on‑own‑motion or oral prosecutor application, specific compliance penalties, and limited appeal rights (sections 221L–221O)","Cross‑jurisdictional reach for offences committed outside WA if equivalent here (section 221H(2))","Unlimited prosecution timeframe for Chapter offences and disapplication of an Interpretation Act provision (sections 221P–221Q)","Interplay between criminal liability and administrative/remedial powers (rectification orders), increasing conditional branching and procedural complexity"],"plain_english_summary":"**What this bill does (mechanically)\n\n- Inserts a new Chapter 26B into the Western Australian Criminal Code that makes it a criminal offence to disseminate material that depicts particular criminal conduct in ways that are likely to humiliate, intimidate or victimize a victim, or is offensive or demeaning, or that appears to have been posted to boast, glorify or encourage others to do the same conduct (see sections 221G–221I).\n\n- Defines which offences are covered (\"relevant offences\") by listing Code chapters and certain Road Traffic Act provisions, and by picking up equivalent offences from other jurisdictions where the same act would be an offence in WA (section 221H).\n\n- Gives a maximum penalty of 3 years' imprisonment for the dissemination offence (section 221I(2)).\n\n- Provides a range of statutory defences including that the material was disseminated for genuine scientific, educational, artistic, literary, satirical or entertainment purposes; was fictional or artificially created; was disseminated to warn of, denounce or complain about the conduct; was reasonably necessary for legal proceedings, reporting to or assisting law enforcement, or making an insurance claim; or was in the public interest. The bill also provides particular defences and tests for journalists and news publishers (section 221J).\n\n- Creates exceptions for law-enforcement and intelligence officers acting in good faith in official duties, and for acts done in good faith connected with administration of justice (section 221K).\n\n- Gives courts power to make \"rectification orders\" requiring a person charged with the offence to remove, retract, delete, destroy or forfeit material related to the charge. A court can make such an order on its own motion or on application of the prosecutor, and it can make the order whether or not the accused is ultimately convicted (section 221L). Failure to comply carries a penalty of up to 12 months' imprisonment, a $12,000 fine and a daily $200 penalty (section 221L(7)).\n\n- Provides mechanisms for revocation, replacement or continuation of rectification orders and for the court that made an order to revoke it on good reason (sections 221M–221N). Certain decisions about rectification orders are not appealable (section 221O).\n\n- Allows prosecutions under this Chapter to be commenced at any time (no statute-of-limitations for these offences) and disapplies a section of the Interpretation Act for this Chapter (sections 221P–221Q).\n\n\nWho this affects\n\n- Individuals who post, publish or otherwise make available material online or offline that depicts criminal conduct — including private persons and social media users — because the offence is framed around \"disseminating material\" (see definitions in section 221G and the offence in section 221I).\n\n- Journalists and news publishers are captured by the offence but are provided statutory defences and a test courts may use to decide who qualifies as a journalist or news publisher (section 221J(1)(b) and (2)–(3)).\n\n- Online platforms and intermediaries may be affected indirectly: the definitions and rectification-order regime will create incentives for platforms to take down material or block access when asked, and to develop moderation policies to limit exposure to legal risk (see definition of \"disseminate\" in section 221G and rectification orders in section 221L).\n\n- Victims of the relevant offences (as defined in section 221I(1)) and their families, who the legislation targets for protection from humiliation, intimidation or victimisation arising from republished material.\n\n- Law enforcement and prosecuting authorities, who can apply for rectification orders and will decide when to bring prosecutions (sections 221L and 221H).\n\n\nWhy it matters (stated purpose and tested mechanics)\n\nStated purpose (as reflected in the text): to criminalise and provide remedial steps against publication or reposting of material that depicts criminal conduct in ways that humiliate, glorify or encourage offending, and to give courts a remedial power to remove that material (see the offence in section 221I and rectification power in section 221L).\n\nHow the bill achieves that purpose and the trade-offs it creates:\n\n- Scope and reach: the offence covers a broad set of \"relevant offences\" (major Code chapters and several traffic offences) and reaches material disseminated by any means, including social media (sections 221H and 221G). It also applies to equivalent out-of‑state or foreign offences (section 221H(2)). That breadth increases the number of situations in which an ordinary post could attract criminal liability.\n\n- Legal thresholds and uncertainty: the core test includes both an objective element (a reasonable person would consider the material likely to humiliate/intimidate/victimise or be offensive/demeaning) and a purposive element (material likely disseminated to boast, glorify, increase notoriety or to encourage others) (section 221I(2)–(3)). Those combined standards create room for judicial assessment but also uncertainty for everyday publishers about when a post crosses the line.\n\n- Defences and evidential burden: the bill lists several defences (scientific/educational/artistic/satire; journalistic activity; fictionality; warning/denunciation; necessity for legal or law‑enforcement processes; public interest) (section 221J). These preserve certain public‑interest communications, but the requirement to prove a defence will impose legal costs on individuals and small publishers.\n\n- Pre‑conviction remedies and enforcement discretion: courts can order removal of material before a person is convicted and can do so on their own motion or on oral application by a prosecutor (section 221L(2)–(4)). That gives prosecutors and courts immediate remedial power, but it also places a compliance burden on respondents and may produce quick takedowns with limited review (section 221O prevents appeals against certain orders).\n\n- Sanctions and deterrence: the substantive criminal penalty (up to 3 years' imprisonment) plus rectification‑order non‑compliance penalties (up to 12 months, fines, daily penalties) create significant deterrents (sections 221I(2) and 221L(7)). Those sanctions increase the potential cost of posting or republishing material.\n\n- Impact on journalism, publishers and platforms: while the bill contains explicit defences for journalists and news publishers, courts are given discretionary factors to decide who qualifies (section 221J(2)–(3)). This creates legal uncertainty that may lead news organisations or platforms to over‑remove content to avoid risk, or to require stricter moderation terms for users.\n\n- Procedural and temporal features: prosecutions may be started at any time (no time limit) (section 221P), which increases potential long‑tail legal exposure for individuals and organisations. The bill also disapplies a provision of the Interpretation Act for this Chapter (section 221Q), which may affect how certain interpretive presumptions apply (the text itself disapplies that provision rather than explaining the operational effect).\n\n- Concentration of benefits and diffuse costs: the principal, concentrated benefit accrues to victims and families who may have material removed or resumably be shielded from humiliation and intimidation (sections 221I and 221L). The costs (compliance, legal risk, potential chilling of speech and extra moderation overhead) are spread across many online users, small publishers and platforms.\n\n- Enforcement and resource implications: law enforcement and courts gain new powers and duties (application for rectification orders, prosecution decisions), which may require additional resourcing and create operational risks in cross‑jurisdictional and online contexts (sections 221L, 221H(2)).\n\n\nConcrete sections to look at quickly\n\n- Definitions and reach: sections 221G and 221H.\n- Substance of the offence and penalty: section 221I.\n- Defences and evidentiary guidance for journalists/publishers: section 221J.\n- Exceptions for official duties: section 221K.\n- Rectification orders and penalties: sections 221L–221N.\n- No time limit to prosecute: section 221P.\n\n\nNet effect in everyday terms\n\n- Posting or republishing material that depicts certain crimes in a way a reasonable person would think humiliates victims, or that appears to boast or glorify the offender, can be a criminal offence punishable by up to three years' imprisonment (s.221I).\n- Courts can order removal of material even before a conviction and non‑compliance attracts additional penalties; journalists and news organisations have statutory defences but must satisfy court tests to rely on them (ss.221L, 221J)."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-code-amendment-post-and-boast-offence-bill-2025","history":"/api/acts/criminal-code-amendment-post-and-boast-offence-bill-2025/history","analysis":"/api/acts/criminal-code-amendment-post-and-boast-offence-bill-2025/analysis","conflicts":"/api/acts/criminal-code-amendment-post-and-boast-offence-bill-2025/conflicts","importantCases":"/api/acts/criminal-code-amendment-post-and-boast-offence-bill-2025/important-cases","documents":"/api/acts/criminal-code-amendment-post-and-boast-offence-bill-2025/documents"}}