New ‘posting and boasting’ law slammed by Indigenous legal group as harmful and misguided

Dechlan Brennan
Dechlan Brennan Published June 17, 2025 at 1.00pm (AWST)

New Victorian legislation targeting people who share videos of their crimes on social media has been slammed by the state's peak Indigenous legal organisation as "another irresponsible and ill-informed policy".

Introduced to Parliament on Tuesday, the 'posting and boasting' laws allow courts to impose up to two additional years in prison for anyone who publishes content online bragging about involvement in crimes such as burglary, robbery, car theft, carjacking, home invasions and violent disorder.

While such behaviour has previously been considered an aggravating factor during sentencing, the legislation now codifies it into law.

"These laws back the work of Victoria Police and send a clear message to offenders – crime isn't content, it isn't entertainment, and it won't be tolerated," Police Minister Anthony Carbines said.

The Victorian Aboriginal Legal Service (VALS) strongly criticised the move, citing evidence presented to the Yoorrook Justice Commission and warning the laws could fuel discriminatory policing.

"There is clear evidence that this approach does not work in reducing offending behaviour," a VALS spokesperson said.

"The Victorian government appears to have lost its way. They are introducing laws without consultation, without evidence of what works, and not investing in prevention and early intervention supports to address the underlying causes of offending behaviour."

VALS warned the legislation risks giving police even more power to surveil Aboriginal young people, saying, "there is a significant risk by further emboldening Victoria Police to surveil our young people".

Despite Victoria's youth incarceration rate being historically low, The Age reports nearly 40 per cent of young people in detention are there for violent crimes, including murder and manslaughter. Social media notoriety, experts say, has increasingly driven some youth offending.

VALS says harsher penalties will not deter children, noting: "Children's brains are not yet developed; they do not have consequential thinking."

"The initial crimes they are targeting carry a more severe sentence, so adding additional time will not serve as an effective deterrent."

VALS chief executive Nerita Waight said young people need "support, guidance and mentoring," not harsher punishment.

"This is true for kids who post on social media seeking likes for which party they attend, the clothes they are wearing or in more troubling circumstances the kids who post when committing offences," she said.

"This attention-seeking behaviour all comes from the same place, seeking a sense of belonging. You cannot criminalise away the innate need of young people seeking to find their place in the world."

Justice Reform Initiative Executive Director Dr Mindy Sotiri also criticised the Victorian Government's approach, accusing it of engaging in political posturing. She pointed to recent data showing a 22 per cent rise in the adult remand population and a 71 per cent increase in youth remand numbers over the past year.

"Further punishing people for posting to social media fails to address the drivers of that behaviour and won't work as a deterrent. Introducing penalties for 'posting and boasting' sounds catchy and might work for political point-scoring in the short-term, but is not based in any evidence," Dr Sotiri said.

"Children and young people – who these penalties are intended to target – are still developing neurologically, and are still learning to weigh up the consequences of their actions before making decisions. Decades of evidence show us that threatening tougher penalties in this way will not work to prevent crime or keep the community safe. It instead achieves the opposite."

In introducing the new laws, Attorney-General Sonya Kilkenny said it is a direct response to community anger.

"Victorians are outraged by offenders posting and boasting about their crimes," she said.

"This crackdown alongside our tough new bail laws and machete ban is all about keeping Victorians safe."

The bail laws have been widely criticised by legal, Indigenous, and human rights groups as reactive, with critics arguing they erode previous reforms made under the Andrews Government.

This criticism was exacerbated when the government used a prison announcement last month to seemingly celebrate the dramatic increase in the number of prisoners being held on remand in the state.

VALS said the new laws are part of a worrying shift away from evidence-based policy. Ms Waight warned the Allan Government is mimicking other states' punitive approaches.

"They are not innovative thinkers," she said. "It is clear they are intent on not listening to experts about what actually works, but VALS is here, we are open to working with the Allan Labor Government when they realise that following others is not leadership.

"They are no 'tougher' than other states, but are equally misguided."

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