If you’ve been scrolling through your feeds lately, you might have noticed something: the Australian government is taking online behaviour seriously. Really seriously. The under-16 social media ban that kicked in on 10 December 2025 is proof enough of that. But here’s what many people don’t realise: you don’t have to be a teenager to find yourself in legal trouble over what you post online. Over the past year, we’ve seen a steady increase in social media-related prosecutions right here in Perth. From someone convicted under new counterterrorism laws in March 2025 for sharing extremist material, to numerous cases involving online harassment and image-based abuse, the message is clear. What you post, share, or message can land you in front of a magistrate faster than you might think.
The problem is that most people don’t understand where the legal lines are drawn until they’ve already crossed them. Even worse, once they realise they might be in trouble, they often make a series of predictable mistakes that turn a manageable situation into a proper legal nightmare. If you’re facing charges related to social media activity, or you’re worried you might be, understanding these common missteps could make all the difference to your case.
Understanding Social Media Offences in WA
Before we dive into the mistakes, it’s worth getting your head around what actually constitutes a criminal offence online in Western Australia. We’ve talked with the guys at Podmore Legal about the cases they’re seeing come through, and one thing they emphasise is that the legal landscape is more complex than you’d expect because you’re dealing with two different systems: state and Commonwealth law.
Under Western Australian state law, you can be charged with offences like threatening or harassing behaviour, stalking and intimidation, or sharing offensive material under the Classification Act. Then there’s image-based abuse, which covers sharing intimate images without someone’s consent. These are prosecuted in WA courts and investigated by WA Police.
But many social media offences fall under Commonwealth law instead. The big one is using a carriage service to menace, harass, or cause offence, which can land you with up to three years in prison. There’s also the newer stuff: transmitting violent extremist material under counterterrorism laws that came in during January 2024, and of course, anything involving child exploitation material. These federal offences can be investigated by the Australian Federal Police and heard in different courts.
Why does jurisdiction matter? Because it affects everything from which court hears your case to what penalties you’re facing, and even which police force is investigating you. Your lawyer needs to work out which laws apply to your situation, and sometimes you can be facing charges under both systems at once.
Mistake #1: Assuming “It’s Only Social Media” Means It’s Not Serious
There’s this weird disconnect that happens when people post things online. It feels less real somehow, like you’re operating in a consequense-free zone where normal rules don’t apply. You might type something in anger at 2am that you’d never say to someone’s face, or share something without really thinking about it. The screen creates this false sense of distance.
WA courts don’t see it that way at all. To them, online harm is real harm. The person on the receiving end of threatening messages or having their intimate photos shared without consent is experiencing very real distress, and the courts respond accordingly.
Think about the kinds of behaviour that leads to criminal charges. We’re talking about sending threatening messages or making menacing posts about someone. Sharing intimate images of an ex-partner to humiliate them or get revenge. Running sustained campaigns of cyber bullying and harassment. Creating or sharing offensive material, including extremist content. Making false accusations or reports online. Encouraging violence or illegal activity through your posts.
That March 2025 case here in Perth really drove the point home. Someone was convicted under the new extremist material laws for content they shared online. They weren’t creating it, they weren’t out committing acts of violence, they shared something. And they ended up with a criminal conviction.
The penalties aren’t slaps on the wrist either. Using a carriage service to menace carries a maximum of three years imprisonment. Courts look at aggravating factors too: was this repeated behaviour? Were you targeting someone vulnerable? How widely did you distribute the content? All of this influences whether you’re looking at a fine, a community order, or actual time behind bars.
Mistake #2: Deleting Posts and Messages
So you’ve posted something, and now you’re panicking. Maybe someone’s threatened to report you to police, or you’ve realised what you wrote could be taken the wrong way, or you’ve had that sinking feeling that you’ve crossed a line. Your first instinct? Delete everything. Delete the post, delete the messages, maybe even delete your whole account.
This is one of the worst things you can do, and here’s why. Digital evidence doesn’t disappear when you hit delete. Social media platforms keep copies of everything on their servers, often for months or years after you’ve removed it from your end. The person you messaged? They’ve probably got screenshots. There are internet archives, cached pages, cloud backups. If you use your phone’s messaging apps, there might be backups you don’t even know about.
WA Police aren’t exactly working with stone-age technology either. They’ve got digital forensics teams who can retrieve deleted content, and they can get warrants to obtain data directly from social media companies and internet service providers. That stuff you thought was gone? It’s probably still very much available to investigators.
But here’s the real kicker: deleting evidence can create brand new criminal problems for you. You could be charged with destroying evidence or perverting the course of justice. Even if those charges don’t stick, it makes you look guilty. It makes you look like you knew you’d done something wrong and were trying to cover it up. That’s not the impression you want to give a magistrate.
What should you do instead? Nothing. Leave everything alone. Document the context if you can, but don’t alter or delete anything. Your solicitor needs to see the full picture, including the stuff that doesn’t paint you in a great light. They can’t help you properly if they’re working with an incomplete version of events.
Mistake #3: Speaking to Police Without Legal Representation
You’ve got rights in Australia. One of the most important is your right to silence. You don’t have to answer police questions, you don’t have to explain yourself, and you don’t have to help them build a case against you. This right exists specifically to protect you from incriminating yourself, and it’s there for a reason.
But people ignore it constantly. They think if they’re honest and cooperative, if they can explian what really happened, if they can provide context, then the police will understand and everything will be fine. Sometimes they genuinely believe they haven’t done anything wrong and that talking will clear things up. Other times they think refusing to answer makes them look guilty, so they’d better say something.
Here’s what actually happens in those police interviews. You think you’re explaining yourself, but what you’re really doing is filling in gaps in their evidence. You’re providing them with proof of your state of mind, your intentions, your knowledge. You’re giving them quotes they can use in court. Even things you say that seem helpful or innocent can be twisted or taken out of context later.
Social media cases are particularly tricky because police often already have mountains of evidence before they even talk to you. They’ve got your posts, your messages, your digital footprint. What they might not have is clear proof of intent, or your explanation for why you did something. Your interview hands that to them on a silver platter.
In Western Australia, you need to understand your rights at the police station. There’s a difference between being interviewed as a witness and being questioned as a suspect. Police can compel you in certain circumstances to provide passwords or access to devices, but the rules around this are specific. You don’t have to make decisions on the spot, you can ask for time to speak with a lawyer first.
The “no comment” interview is a completely legitimate option. It doesn’t make you look guilty, despite what police might imply. In some cases, it’s the smartest thing you can do. At minimum, you should be getting legal advice before any police interview about what you should and shouldn’t say, and ideally you’d have a solicitor there with you.
Mistake #4: Underestimating How Seriously Courts Treat These Offences
There’s a common assumption that because something happened online, courts will treat it less seriously than “real world” crimes. That because it’s “only” messages or posts, you might get a slap on the wrist, maybe a fine, probably nothing too serious.
That assumption is dangerously wrong. WA courts are imposing significant penalties for social media offences, and they’re doing it regularly. We’re seeing immediate imprisonment for serious online harassment. Substantial fines. Lengthy community correction orders with strict conditions. Restraining orders that limit your movements and activities. Requirements to stay off social media entirely.
Courts consider various factors that can make your offence more serious in their eyes. Was your victim particularly vulnerable because of their age, mental health, or relationship to you? Did this go on for weeks or months? Did you use multiple platforms or create fake accounts? Did you involve other people or encourage pile-on behaviour? What was the actual impact on the victim? Courts pay close attention to victim impact statements, and if someone describes severe anxiety, fear, depression, or having to change their life because of your behaviour, that weighs heavily.
Certain types of offences get treated with particular severity. The March 2025 Perth case under the new counterterrorism laws showed that sharing extremist material is taken extremely seriously, even if you didn’t create it yourself. Image-based abuse cases, where intimate images are shared without consent, often result in immediate custody because courts recognise the profound and lasting harm this causes.
Here’s something that surprises people: even if you’ve never been in trouble before, even if you’ve got good character references and steady employment, you can still receive an immediate custodial sentence for serious online offences. Being a first-time offender doesn’t guarantee you’ll avoid prison.
Understanding what penalties you’re realistically facing is crucial for making informed decisions about your case. It affects whether you plead guilty, what kind of mitigation you prepare, whether you explore diversion options, and how you approach negotiations with prosecutors. Getting this wrong because you’ve underestimated the seriousness can be catastrophic.
Mistake #5: Posting About Your Charges on Social Media
The irony here would be funny if the consequences weren’t so serious. You’re charged with a social media offence, and then you go and post about it on social media. People do this constantly. They want to tell their side of the story, defend their reputation, or respond to things others are saying about them online. The urge is understandable, but giving in to it is a terrible idea.
Every post you make can be used as evidence against you. It can show lack of insight or remorse. It can demonstrate that you still don’t understand why your behaviour was problematic. Prosecutors love this stuff because it helps them argue you haven’t learnt anything and you’re likely to reoffend.
Your bail conditions almost certainly prohibit this anyway. There are usually conditions about not contacting the complainant, and courts interpret this broadly. Posting on social media about the case or the complainant, even without tagging or naming them, can be considered indirect contact. You might be banned from using certain platforms entirely. For serious offences, you might have complete internet restrictions.
Breaching bail isn’t something courts take lightly. It’s a separate offence that can land you straight back in custody. It also tanks your credibility with the magistrate. You’re essentially showing that even after being charged and released on conditions, you still can’t control your online behaviour. That’s not going to help when it comes to sentencing.
There are also sub judice contempt considerations. Once proceedings are active, there are limits on what can be said publicly about the case. You could find yourself facing contempt charges on top of everything else.
The temptation to respond when you see people talking about you online, or when you see incorrect information spreading, is massive. Resist it. Let your solicitor handle communications about your case. They can advise you on what, if anything, you can say publicly without jeopardising your defence.
Mistake #6: Not Taking Bail Conditions Seriously
When you’re released on bail for a social media-related offence, the conditions attached can be quite restrictive. You’ll typically have to avoid any contact with the complainant, whether direct or indirect. You might be banned from using specific social media platforms, or from posting about certain topics. There can be requirements to surrender devices or restrictions on your internet access. You might need to live at a particular address, observe curfews, or report regularly to police. In some cases, you’ll be prohibited from leaving Western Australia without court permission.
These aren’t suggestions, they’re court orders. Any breach, no matter how minor it seems to you, can result in your immediate arrest and remand in custody. Courts presume that breaches are intentional, and proving otherwise is difficult. If you breach bail while already on bail, you’re compounding the problem significantly. It demonstrates to the court that you can’t follow orders, which doesn’t bode well for any sentence involving community supervision.
The challenge is that modern life without internet or social media is genuinely difficult. You might need online access for work, banking, staying in touch with family members, or if you’re studying. These are legitimate issues, but you need to address them properly through the courts rather than taking matters into your own hands.
If your bail conditions are impractical or impossible to comply with, you can apply to have them varied. It’s much better to do this proactively than to breach the conditions and then try to explain why. Keep records that demonstrate your compliance, because false allegations of breach do happen, and you’ll want evidence to defend yourself.
Mistake #7: Thinking Common Excuses Are Legal Defences
When people are charged with social media offences, they often have explanations for their behaviour that make perfect sense to them. Unfortunately, what makes sense to you and what constitutes a legal defence are often two very different things.
Saying you were angry or venting frustration doesn’t excuse threatening or harassing behaviour. Claiming it was a joke doesn’t work if a reasonable person would interpret it as menacing or offensive. Being drunk or affected by drugs at the time rarely negates criminal responsibility in Australia. Arguing that you were sharing or retweeting rather than creating content doesn’t help, distribution can be as serious as creation. The “everyone talks like that online” defence gets you nowhere. Courts assess your conduct against legal standards, not internet culture.
People often invoke free speech, but Australia doesn’t have US-style constitutional free speech protections. There are significant limits on what you can say, particularly when it comes to threatening, harassing, or inciting violence. Claiming the other person started it or provoked you might be relevant to sentencing, but it rarely negates the offence itself.
What actually matters in law is whether your conduct objectively falls within the definition of the offence. Courts look at whether a reasonable person would interpret your behaviour as threatening, harassing, or offensive. They assess whether you acted intentionally or recklessly. Sometimes a defence of honest and reasonable mistake of fact might be available, but these are narrow and technical.
There are also technical defences around identity and account access. If someone else actually sent the messages or made the posts, if your account was genuinely hacked or accessed without your knowledge, these can be proper defences. But you need evidence to support these claims, not just assertions.
Understanding the difference between actual legal defences and factors that might reduce your sentence is crucial. Your solicitor needs to analyse the evidence against you and identify whether you have a genuine defence worth running, or whether your energy is better spent on mitigation and negotiating the best possible outcome.
Mistake #8: Waiting Too Long to Seek Legal Advice
Of all the mistakes people make, this is probably the most damaging. Delay. Waiting to see what happens. Hoping it will blow over. Thinking you’ll deal with it if charges are actually laid. By the time many people contact a lawyer, they’ve already spoken to police, deleted evidence, breached bail, or taken other steps that have seriously damaged their position.
Early legal advice makes an enormous difference to case outcomes. If you get a solicitor involved before you’re even charged, they can contact police on your behalf. They can provide prepared statements in appropriate cases instead of subjecting you to interviews. They might be able to negotiate less serious charges or even prevent charges being laid at all.
Once charges are laid, early involvement means more time to identify and preserve evidence, prepare a proper defence or mitigation strategy, gather character references, address underlying issues like mental health or substance use, and reduce your stress by helping you understand the process. The “wait and see” approach typically backfires. You end up with less time to prepare, evidence gets lost or degrades, your bargaining position with prosecutors is weaker, and you’ve spent months in unnecessary uncertainty and anxiety.
You don’t need to wait until you’re arrested or charged to seek legal advice. If you’re worried about posts or messages you’ve sent, if police have contacted you, if someone’s threatened to report you, getting advice early helps you make informed decisions. Most criminal lawyers offer initial consultations to assess your case, and legal aid is available in Western Australia for criminal charges if you meet the criteria.
The cost consideration usually works in favour of early advice too. Crisis management when everything’s gone wrong typically costs more overall than getting ahead of problems early. More importantly, some opportunities are time-sensitive. You can’t get them back later.
What to Do If You’re Under Investigation
If you’re facing potential charges or you’ve already been charged with a social media offence, there are concrete steps you should take immediately. Stop all online activity related to the matter. Don’t post about it, don’t contact the complainant even indirectly, and don’t delete anything. Create a timeline of events while they’re fresh in your memory, including context for your posts or messages and details about your relationship with any complainant.
Preserve evidence that supports your version of events. Take screenshots of full conversation threads, not selected messages. Save anything that shows provocation, threats from the other party, or evidence of their motive to fabricate. But don’t engage in your own investigation in ways that could make things worse, like contacting witnesses inappropriately.
Get legal advice before you do anything else. Before speaking to police, before entering any pleas, before making decisions about bail, before engaging with anyone involved in the matter. If you’re released on bail, follow every single condition precisely. Document your compliance. If conditions are genuinely impossible to follow, apply to vary them through proper legal channels.
Be completely honest with your solicitor. They need the full picture, including facts that don’t favour you. Solicitor-client privilege protects your communications, and surprises that emerge at trial help nobody. If there are underlying issues contributing to your behaviour, like mental health concerns, addiction, or relationship problems, consider getting support. Evidence of genuine efforts at rehabilitation can influence sentencing outcomes significantly.
Moving Forward
Social media has become so integrated into daily life that it’s easy to forget your online activity can have serious legal consequences. What you post, share, or message in a moment of anger, poor judgement, or without really thinking can follow you into a courtroom. Western Australian courts are treating these offences with increasing seriousness, and penalties can be severe.
The mistakes outlined here are common because they’re intuitive. Deleting seems logical until you understand it doesn’t actually work and creates new problems. Explaining yourself to police feels like the right thing to do until you realise you’re building their case for them. Thinking online behaviour is less serious than offline conduct makes sense until you’re standing in front of a magistrate.
If you’re facing charges related to social media activity, or if you’re concerned that you might be, the most important thing you can do is get proper legal advice immediately. The earlier you involve experienced criminal lawyers who understand Western Australian law, the better your chances of achieving the best possible outcome. Don’t compound whatever’s happened by making these predictable mistakes. Protect your rights, protect your future, and get the help you need to navigate what’s ahead.
