New “Post and Boast” Laws: A Double-Edged Sword in Youth Crime Prevention? In a recent legislative move, the Northern Territory has joined Queensland and New South Wales in criminalizing the act of posting and boasting about a crime on social media.
This development, colloquially known as “post and boast” laws, has sparked a heated debate among legal professionals, criminologists, and community members alike. What do you think?
The New NT Legislation: Posting and boasting about a crime
The Northern Territory parliament passed laws last week that could see individuals face up to two years in jail for boasting about criminal activities on social media platforms. This follows similar measures implemented in Queensland and New South Wales over the past two years.
The Rationale
Authorities argue that the proliferation of crime-related content on platforms like TikTok and Instagram is fueling a dangerous trend among young offenders. NT Police Assistant Commissioner Janelle Tonkin stated that online depictions of crime, even on community awareness pages, are encouraging teenagers to engage in criminal behavior.
Expert Concerns about the posting and boasting about a crime
However, criminologists and legal experts have raised significant concerns about the effectiveness and potential consequences of these new laws:
Treating Symptoms, Not Causes: Dr. Mark Wood, a criminologist from Deakin University, argues that these laws fail to address the root causes of youth crime, such as childhood trauma and lack of support.
Developmental Considerations: The laws seem to overlook the fact that young people often lack fully developed risk assessment skills, which is crucial in understanding their decision-making processes.
Racial Profiling Risks: The Redfern Legal Centre in NSW has expressed concerns that these laws may disproportionately target First Nations children and teenagers, exacerbating existing inequalities in the justice system.
Practical Challenges
From a legal perspective, prosecuting these offences presents significant challenges:
Evidence Collection: Tom Clelland from the NT Criminal Lawyers Association highlights the difficulties in obtaining evidence from multinational social media companies to prove who actually posted the content.
Existing Penalties: Many of the behaviors being bragged about online already carry more severe penalties than these new laws, raising questions about their deterrent effect.
The Broader Picture
While the debate continues, it’s crucial to note that overall rates of youth offending in Australia have significantly declined over the past decade. This raises questions about the necessity and proportionality of such measures.
As legal professionals, it’s our duty to critically examine these new laws and their potential impact on young people and the broader community. While addressing youth crime is undoubtedly important, we must ensure that our approach is balanced, evidence-based, and respects the rights and developmental needs of young individuals.
Need a criminal lawyer for posting and boasting about a crime?
If you need a criminal lawyer for posting and boasting about a crime, or another offence, our team is here to help. Please call (02) 9261 4281, or email . In some cases, we can help arrange a free, confidential consultation for you.*
