New 'post-and-boast' offence debated

The Crimes Amendment (Performance Crime) Bill 2025 seeks to criminalise the act of publishing photos or videos that glorify serious criminal offences. The legislation targets offenders who post content online to gain notoriety or to humiliate victims. 

While existing laws address the underlying offence, such as burglary or car theft, they do not criminalise the act of turning crime into content. 

In her second reading speech Attorney-General Sonya Kilkenny said the performative nature of these offences introduced a new layer of harm. 

‘It glorifies criminal behaviour, encourages others to emulate it, exacerbates community concerns and fear, and erodes public confidence in the justice system. It may also publicly identify and retraumatise victims,’ she said. 

Under the new law, offenders who post such material may face up to two years’ imprisonment, in addition to penalties for the original offence.

“ 'It glorifies criminal behaviour, encourages others to emulate it, exacerbates community concerns and fear, and erodes public confidence in the justice system.' ”

Sonya Kilkenny, Attorney-General

Shadow Attorney-General Michael O’Brien said the opposition supported the change, but he was critical of what he said were loopholes in the draft.  

He cited an incident in January 2024, where a gang of youths filmed and posted footage of an elderly man being pushed off a pier in Mornington Peninsula. 

‘The trouble is, the way this bill is drafted, that offending would not be subject to post and boast, so you have to ask yourself, ‘Why the hell not?’.’ 

The opposition proposed three key amendments: to expand the list of offences to include assault, arson, dangerous driving, and causing serious injury; to broaden the definition of ‘publish’ to include sharing with even one person; and to mandate cumulative sentencing for post-and-boast offences, ensuring additional jail time beyond the original crime.

“ 'Why don’t we just cover every single loophole that we can so they do not have an option?’ ”

Martin Cameron, Member for Morwell

Member for Albert Park Nina Taylor defended the bill’s scope, arguing it focused on high-risk crimes like aggravated burglary, carjacking, and violent disorder. 

‘Why does this new offence only apply to certain offences rather than all serious crimes? By targeting performance crime in relation to specific offences, the new offence responds to serious, high-risk and high-impact crimes that are increasing in prevalence, particularly among young offenders, and anecdotally are increasingly being boasted about on social media,' she said. 

She said, while the law is modelled on the New South Wales approach, unlike New South Wales, the bill would create a separate offence.  

‘Offenders will face an additional two years jail on top of the penalties for the substantive physical offences they have been charged with,’ she said. 

Member for Morwell Martin Cameron said the law allowed too many exemptions. 

‘So if we post and boast that we are stealing a car, well, that is sort of in, but not the dangerous driving which then follows if you steal that car,’ he said. 

‘A certain element of our community – and these are the particular people that are doing this – do not play within the rules, so why do we give them the scope where they have got options with this bill coming in? Why don’t we just cover every single loophole that we can so they do not have an option?’ 

John Lister, Member for Werribee said the laws were one aspect of a whole-of-government approach. 

‘Crime prevention is not only about these sorts of laws but about providing people with opportunities, whether that is better health care, education, training, transport, housing or community services,’ he said. 

Member for Richmond Gabrielle de Vietri rejected the bill, She argued the ‘post and boast’ laws would disproportionately impact marginalised youth, particularly Aboriginal children, and fail to address the root causes of crime 

‘Legal experts across the board, from the Law Institute of Victoria, the Justice Reform Initiative and the Victorian Aboriginal Legal Service, all agree this bill is performative and unnecessary,’ she said. 

‘There is no clear evidence that prosecuting people for what they post online prevents crime or improves community safety.’ 

The full debate is available to read in Hansard.

The bill has now be sent to the Legislative Council for their consideration.