Committee says ‘post and boast’ social media laws too broad, threatens right to protest, and calls for change

The Cook Government’s proposed laws to criminalise posting or sharing criminal acts are too broad and risk impeding the right to protest, a bipartisan committee has found. The five-person Upper House committee — made up of two Labor MPs, a Greens MP, a Liberal and One Nation MP — supported the intent of the Bill but found it risked unintended consequences. Government ministers had previously dismissed concerns about the Bill’s lack of detail and the potential limits it places on free speech and the right to peacefully protest. The Standing Committee into Legislation looked into the Bill and said it over-reached and would likely disproportionately affect young people and Indigenous youth. “The committee acknowledges and supports the Government’s intent to deter the celebration of criminal behaviour and protect victims from further trauma, however, it has found that the Bill, in its current form, is too broad and risks unintended consequences,” it read. “The Bill seeks to criminalise the dissemination of material which depicts conduct under Chapter IX of the Criminal Code, which includes unlawful assembly, trespass and breaches of the peace. “The committee is mindful of the potential for these provisions to intersect with constitutionally implied freedoms, including political communication and peaceful protest.” The report made six recommendations, including removing the section of the criminal code covering unlawful assembly, deleting the ability to add further offences through regulations at a later date and reducing the maximum prison sentence from three years to two. It also recommended including sections of the Animal Welfare Act to prohibit posting animal cruelty offences. The Bill was referred to committee in August after the Opposition, Greens and crossbench MPs combined to force Labor into a three-month inquiry. Greens Leader Brad Pettitt said the Bill needed changes. “The Greens expressed serious concerns about the broad scope of relevant offences and the net-widening impacts laid out in the ‘post and boast’ Bill in July, this report vindicates those concerns,” he said. “The Government has claimed up to this point that the impacts on freedom of speech, freedom of expression and the right to peaceful protest are unintended and refused to engage with the Greens on potential amendments to address these concerns or even support the Greens’ referral to committee.” The State Government was contacted for comment. When bringing the Bill to Parliament, the Government hoped it would help reduce crime in the State’s north. Police Minister Reece Whitby said in October he thought the laws would help reduce a spike in crime in the Kimberley town of Kununurra. “It will have an impact, because we know that some of the time the kids are doing this for notoriety, they’re there doing it because they want to boast to their mates,” he said. “This is why these laws are so important, to take away that post and boast ability for kids to be able to show off.”