Violent extremist material offences

This fact sheet provides general information about the offences for using a carriage service for violent extremist material (VEM). It is not a substitute for independent legal advice.

Offence to use a carriage service for VEM (section 474.45B, Criminal Code). To be an offence:

• The person must intentionally access, transmit, make available, publish, distribute, advertise, promote, or solicit material or an electronic link to material
• The person must do so using a carriage service, and
• The person is reckless that the material is VEM.

Offence to possess or control VEM that was obtained or accessed using a carriage service (section 474.45C, Criminal Code). To be an offence:

• The person must intentionally possess or control material that was obtained or accessed using a carriage service
• The material must be data held in a computer or contained in a data storage device, and
• The person is reckless that the material is VEM.

A person has intention if they mean to access, transmit, possess or control etc VEM, or an electronic link to VEM.

A person is reckless if they are aware of a substantial risk that the material is VEM, and having regard to that, it is unjustifiable to take the risk. This means that a person who accidentally comes across violent extremist material on the internet without any warning from the context will not be caught by the offence.

Both offences have a maximum penalty of 5 years imprisonment. 

The offence for possessing or controlling VEM applies whether the material was accessed or obtained before or after the offence commenced on 8 January 2024, so long as the person continues to possess or control the material after 8 January 2024.

The Commonwealth Attorney-General’s consent is required to prosecute people under 18 years of age. This allows the Attorney-General to consider whether the prosecution is appropriate in the circumstances. 

What is violent extremist material?

To be ‘violent extremist material’ (VEM), material must have 3 characteristics:

• The material describes, depicts, or provides instruction on engaging in, supporting or facilitating serious violence; and
• A reasonable person would consider the material is intended to advance a political, religious or ideological cause; and
• A reasonable person would consider the material is intended to assist, encourage, or induce a person to engage in, or do a thing related to intimidatory acts; or to join or associate with organisations that are engaged in intimidatory acts. An ‘intimidatory act’ is a violent action or threat of violent action done with the intention of intimidating the public or coercing or influencing a government by intimidation.

Examples of VEM could include:

• pictures and videos of beheadings, shootings, bombings, rape and violent assaults linked to a terrorist organisation or extremist ideology
• violent extremist manifestos and propaganda, and
• written guides on how to cause physical harm to a person.

What is a carriage service?

A ‘carriage service’ includes the internet, web pages, social media applications, email, chat forums, text messages and radio. The offences also apply to VEM that has been downloaded from the internet and stored in a digital storage device.

Legitimate purposes for accessing or using violent extremist material

The offences do not capture inadvertent or accidental access to VEM.

The offences also do not capture circumstances where a person deals with VEM for a legitimate purpose. Legitimate purposes include:

• academic or historical research
• professional journalists making news reports that are in the public interest
• advocating for changes to law or policy
• artistic works that are developed or exhibited in good faith
• enforcing the law
• assisting in court proceedings
• enabling a public official to carry out their duties.

Report a potential crime

If you feel threatened or unsafe in any way, you can contact police on:

• Triple Zero (000) for immediate threats
• 13 14 44 for police attendance at non-life-threatening incidents.

You can report a Commonwealth crime to the AFP using the ‘Report a Crime’ link on the AFP website.