Posting online for attention is nothing new. It may seem like harmless fun, a prank, a fight, or reckless behaviour, and uploading it for views. However, when that content involves criminal behaviour, it can quickly move from ‘likes’ to charges.
‘Post and Boast’ conduct is now firmly on the radar of police and prosecutors in New South Wales.
What are the ‘Post and Boast’ Laws?
There is no single offence called ‘post and boast’. Instead, the term refers to situations where a person commits an offence and records, posts, or shares that conduct online.
This commonly occurs on platforms like TikTok, Instagram, and Snapchat. The issue is not the posting itself, but the fact that the content proves the underlying offence.
How Social Media Becomes Evidence
Uploading footage of unlawful conduct can significantly strengthen a prosecution’s case. Police may rely on:
- The video or image itself,
- Captions, comments, or hashtags,
- Metadata such as time and location,
- Facial recognition or identifying features.
The charges depend on what is shown in the footage. In many cases, individuals identify themselves and document the offence, making this the strongest piece of evidence.
New “Post and Boast’ Laws in NSW
In addition to existing offences, new laws introduced in April 2024 have significantly increased the risks.
Under s 154K of the Crimes Act 1900 (NSW), a person may face an additional prison sentence of up to 2 years for filming themselves committing certain offences and posting the footage online. These offences include motor vehicle theft or break and enter.
The amendment was introduced in response to a rise in young people filming and sharing criminal activity online. There is a clear aim to deter the glorification of crime and reduce harm to victims, particularly where online content may cause ongoing distress.
Other jurisdictions have gone beyond NSW’s laws, covering a wider range of offences; these laws may expand in NSW in the future.
Can filming itself be illegal?
In some cases, recording or sharing the footage may constitute a separate offence.
Section 11 of the Surveillance Devices Act 2007 (NSW) prohibits the communication or publication of private conversations, unless an exception applies. Passing the recording on to others can raise some legal issues. The maximum penalty is a fine of $11,000 or/and 5 years imprisonment.
To read more about the sharing of private conversations, click here.
Will deleting the Video help?
Once content is posted, it may already be saved or shared by others, police may have obtained a copy, and platforms may retain data.
Deleting the video does not prevent an investigation or prosecution.
If police contact you or believe you may be under investigation:
- Do not participate in a police interview without legal advice,
- Avoid discussing the matter with others or online,
- Seek advice from an experienced criminal defence lawyer immediately.
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