Imagine sharing a video of a protester up a tree, with a caption cheering them on, forgetting you ever posted it, then finding out your post may be criminalised under new proposed laws that you had no idea about. That is exactly what has happened to a sitting WA federal MP, and it could happen to you too.

Nothing speaks to the state of a democracy like the passage of laws needlessly interfering with communication and protest. The WA Parliament will likely be considering the Criminal Code Amendment (Post and Boast Offence) Bill 2026 during its sitting next week which, in its current form, will hit marginalised communities hardest and impact how ordinary Western Australians and advocates like us at the WA Justice Association engage with online spaces.

The acts covered by the legislation 'range wildly'

This bill intends to punish the 'glorification' of dozens of illegal acts on social media with jailtime. It also grants courts the power to order the removal of offending material, with the failure to do so punishable with up to 12 months' imprisonment and a $12,000 fine.

The acts covered by the legislation range wildly, encompassing offences as minor as trespass, disorderly conduct, and catching fish illegally. You do not even have to 'boast' about the conduct to be captured by the bill's scope: the content only has to be likely to offend another person.

Criminal liability may further extend to individuals who:

- did not directly participate in the original conduct;

- shared conduct occurring outside of Western Australia;

- posted a relevant offence prior to this bill being drafted;

- shared content offline.

Additionally, you may be found criminally responsible for sharing content or for not following a court order to remove content, even if the original act captured has not resulted in a conviction. This means that a court may later find that the act captured is not actually an offence, making you guilty of sharing content of a lawful activity.

These circumstances will result in the bill criminalising individuals sharing content of largely victimless and protest-related offences. It therefore exceeds its own mandate and the scope of what ought to entail a 'post and boast' offence.

78 per cent of all young people who have received a post and boast charge in New South Wales have been Aboriginal

We are already seeing this effect in other states and territories with similar laws: the overwhelming majority of people charged under equivalent legislation in New South Wales have been children.

This bill will also likely disproportionately impact Aboriginal people who are already overrepresented in the criminal justice system, particularly Aboriginal young people. Again, we know this from other states and territories: 78 per cent of all young people who have received a post and boast charge in New South Wales have been Aboriginal, a statistic cited in Parliamentary debate.

"These proposed laws are far broader than similar laws over East and will criminalise everyday West Aussies posting everyday material," says Tom Penglis, founder of the WA Justice Association.

The bill may consequently be unconstitutional due to its radically broad scope

"Leading constitutional law experts have sounded the alarm that the proposed laws are likely unconstitutional as they unduly burden the constitutionally implied freedom of political communication," says Mr Penglis.

Sophie Stewart, CEO of Social Reinvestment WA, warned that the bill "may be utilised to silence civil disobedience, free political expression, satire, and other legitimate forms of expression that are fundamental to our democracy", undermining the ability of Western Australians to engage in legitimate political expression without fear of criminal consequences.

"The bill will criminalise posting political material at a time when political communication has never been more important," agrees Mr Penglis. "The State Government has not listened to this feedback."

Of course, there is content out there that is harmful, that does inspire the 'copycat' behaviour the Government wants to target. However, a parliamentary committee report chaired by a Labor politician found that there is little evidence of this happening in WA. Even if there was, this bill goes far beyond what is necessary to regulate that content.

It has been well and truly established that punitive methods of punishment do not effectively deter unwanted behaviour, and this bill is just that: a punitive response that does not address the root causes of behaviour but instead entrenches cycles of contact with the justice system.

Young people, who are heavy consumers and users of social media, will bear the brunt of these laws.

'If we're serious about making communities safer, we need to break cycles of disadvantage, not reinforce them'

"Making it a crime for WA kids to post online won't make our communities safer," says Sophie Stewart, CEO of Social Reinvestment WA.

"What it will do is pull more vulnerable children—as young as ten years old—into the justice system, while taking attention away from the support, rehabilitation opportunities and early intervention we know are far more effective at preventing harm."

"Without stronger safeguards," says Ms Stewart, "this bill risks deepening that injustice and drawing even more young people into a detention system that has caused significant harm."

If this bill is not amended to address these concerns, it will only burden Western Australia and have a chilling effect on free speech by silencing genuine dissent.

"If we're serious about making communities safer," says Ms Stewart, "we need policies, investment, and laws that break cycles of disadvantage, not reinforce them."