Queensland Consolidated Acts

SUMMARY OFFENCES ACT 2005 - SECT 26B

26B Publishing material about particular offending behaviour

(1) A person must not, without reasonable excuse, publish material on a social media platform or an online social network if—

(a) the material depicts conduct that constitutes a prescribed offence; and

(b) the person publishes the material for the purpose of—

(i) glorifying the conduct; or

(ii) increasing the person’s reputation, or another person’s reputation, because of their involvement in the conduct.

Penalty—

Maximum penalty—2 years imprisonment.

(2) Subsection (1) does not apply to publication of material by a journalist in the course of their activities as a journalist.

(3) A person may be proceeded against for, and convicted of, an offence against subsection (1) whether or not anyone has been proceeded against for, or convicted of, the prescribed offence.

(4) A person may not be convicted of both—

(a) an offence against subsection (1) relating to the publication of material depicting conduct that constitutes a relevant Code or weapons offence; and

(b) a relevant Code or weapons offence with a circumstance of aggravation relating to the publication of material on a social media platform or an online social network.

(5) In this section—

"material" includes an electronic document.

"prescribed offence" means any of the following offences against an Act of Queensland—

(a) an offence involving driving or operating a vehicle;

(b) an offence involving violence or a threat of violence;

(c) an offence involving taking, damaging, destroying, removing, using, interfering with or entering property;

(d) an offence involving a weapon.

"relevant Code or weapons offence" means—

(a) an offence against any of the following provisions of the Criminal Code —

(i) section 69 (1) ;

(ii) section 328A (1) ;

(iii) section 335 (1) ;

(iv) section 339 (1) ;

(v) section 408A (1) ;

(vi) section 419 (1) ; or

(b) an offence against the Weapons Act 1990 , section 51 (1) .