Government Concedes Post and Boast Laws Could Have Ensnared Labor MP Over Roe 8 Social Media Activity
The Cook Government has openly admitted that its contentious Post and Boast laws, currently under parliamentary debate, could have placed Federal Labor MP Josh Wilson in legal jeopardy for social media posts he shared nearly a decade ago during the Roe 8 protests. This revelation has sparked intense discussions about the potential implications for civil liberties and peaceful activism in Australia.
Legislative Details and Parliamentary Scrutiny
The Post and Boast legislation, designed to penalize individuals who glorify illegal or dangerous acts on social media platforms, is being examined in the upper house after being referred to a committee last year. Civil rights organizations have expressed significant concerns, arguing that the Bill might inadvertently criminalize peaceful protests, particularly those involving unlawful assembly or trespassing activities.
During recent parliamentary sessions, Parliamentary Secretary to the Attorney General Dan Caddy was directly questioned about whether the proposed law would have applied to Federal Fremantle MP Josh Wilson if it had been in effect during his active opposition to the Roe 8 construction project. A specific post from Mr. Wilson in January 2017 featured an image of a man seemingly trespassing by standing in a tree behind fences as part of the protest against the Roe 8 development.
Specific Case and Government Response
Mr. Wilson captioned the post with the words, "supporting the tree-dwelling protectors this morning as we try to slow down the damage." After considerable deliberation, Mr. Caddy conceded that such a post could potentially violate the intended legislation, though he emphasized that discretion would be exercised in enforcement. "Yes, if all the elements were met — I have not seen the photo — if all the elements are met, yes, my very good friend Josh Wilson could be charged," he stated. "It does not mean he will be; it means he could be."
In response, Mr. Wilson defended his actions on Friday, highlighting the importance of community activism in democratic processes without directly referencing the Bill. "I was proud to be part of a huge, sustained, and successful community protest action against the Barnett government's massively wasteful and harmful Perth Freight Link project," he asserted. "That kind of concerted, peaceful, community activism is a vital and precious part of our democracy that I will always support, heart and soul."
Ongoing Debate and Potential Amendments
Parliamentary debate on the Post and Boast Bill is set to continue, with the Government indicating a willingness to introduce amendments to address concerns. Proposed changes include reducing the maximum sentence to two years and removing unlawful assembly from the legislation's scope. These adjustments aim to balance the need for public safety with the protection of fundamental democratic rights to protest.
The situation underscores broader tensions between law enforcement objectives and civil freedoms, as policymakers navigate the complexities of regulating social media content in an era of increasing digital activism. Stakeholders from various sectors are closely monitoring developments, advocating for clarity and safeguards to prevent unintended consequences for legitimate protest movements.
