Repost and Boast

I was driving through the Perth CBD last year when I got caught in traffic. A couple of Gaza protestors had parked a truck across Wellington St and locked themselves to the roof. I wasn’t involved in that protest, I just happened to be there - but I got out and filmed a quick clip that was posted to The Last Place on Earth social media platforms.

A few months later, I was first on the scene when someone spraypainted clown makeup and a swastika on the office of a WA MP who’d just legally changed his name to “Aussie Trump”. I got a few photos and posted an exclusive news story on our website. That story was subsequently picked up by the West Australian newspaper, by commercial TV and by the ABC.

Both of these examples of fairly basic media work could soon be punishable by up to three years in prison if the WA government gets its way.

Today, the West Australian parliament is set to debate new “Post and Boast” laws that the Labor government says will target “crimfluencers”, AKA vulnerable kids stealing cars so they can post the chase on Tiktok.

However, constitutional lawyers, civil society groups and environmentalists spoke out yesterday about another consequence if the laws pass in their current form - the further criminalisation of peaceful protest, in a way that also threatens media freedom. 

That is because the new legislation makes it illegal to post unlawful activity online in a manner intended to “boast”, “glorify” or “encourage others to engage in similar conduct”. Specifically, sharing images of minor offences like trespass, property damage or unlawful assembly will now be criminalised in a move that seems specifically designed to suppress political protest. 

If it’s not intentional, it’s extremely lazy lawmaking given that Associate Professor Murray Wesson, a constitutional law researcher at the University of Western Australia, says that the new legislation is likely unconstitutional. “The extraordinarily broad nature of the offence has the potential to curtail and chill free political communication in Western Australia, in a manner that is incompatible with the constitutionally guaranteed implied freedom of political communication,” he said in an analysis shared with me.

According to another lawyer, Tom Penglis, the co-founder of the WA Justice Association, the proposed laws would also encompass people who simply reshare content previously posted online by others.

“I have no doubt this would constitute ‘disseminating’ relevant material,” he told me. “The definition of ‘disseminate’ is intentionally extremely broad.”

So merely resharing my reel of the Palestine protest could be liable for this new charge - even if no one was ultimately convicted for the original incident, or if it had happened overseas.

“No matter where the conduct occurs in the world, if the conduct constitutes a ‘relevant offence’ under WA law, then it is captured by the Bill,” Penglis said. “So, if I shared footage of anti-ICE protests in the US, or people violently protesting against an oppressive authoritarian regime, that material would be captured.”

Astonishingly, it’s not even limited to sharing material publicly. “This doesn't just apply to posting on social media. I mean, it certainly applies to direct messaging, texting your mum, your dad, your mate,” Penglis continued. “In my opinion, it would have an extremely chilling effect on free speech in Western Australia.”

There is a carve-out in the new laws that provides a defence for journalists or news publishers - but I for one can’t wait to see Perth Magistrates Court try to decide who classifies as ‘media’ in 2025. As a founder of a new media operation like The Last Place on Earth, and as a media advisor to direct action campaigns like Disrupt Burrup Hub, sharing contentious content has been my stock in trade for years. Two years ago, I faced years in prison for refusing to reveal my sources to WA Police, shortly after the ABC surrendered their own sources for a Four Corners story about climate protest.

This legislation would have effectively criminalised the entire 2023 Disrupt Burrup Hub campaign captured by Four Corners. But I’m even more concerned about the impact on freedom of expression, and especially media freedom.

Is Hannah Ferguson a legitimate journalist? Is Bari Weiss a legitimate journalist? Am I?

The lines between activism and journalism have never been more blurry - but the WA government appears to feel the law is black and white. 

The WA Greens, who hold balance of power in the upper house, have vowed to refer the “Post and Boast” legislation to Parliamentary committee for further scrutiny. Amusingly, the Liberal-led Opposition said yesterday they would support the Greens’ review, but only because they believe the legislation, which they also support, doesn’t yet go far enough.

I’ve never called myself a journalist, but I might have to start.

This piece was co-published with Crikey.