{"id":540956,"date":"2026-03-15T00:42:09","date_gmt":"2026-03-15T00:42:09","guid":{"rendered":"https:\/\/www.newsbeep.com\/au\/540956\/"},"modified":"2026-03-15T00:42:09","modified_gmt":"2026-03-15T00:42:09","slug":"australian-children-are-being-arrested-under-laws-to-disrupt-extremism-on-balance-this-is-a-bad-law-australian-security-and-counter-terrorism","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/au\/540956\/","title":{"rendered":"Australian children are being arrested under laws to \u2018disrupt\u2019 extremism: \u2018On balance this is a bad law\u2019 | Australian security and counter-terrorism"},"content":{"rendered":"<p class=\"dcr-130mj7b\">When Sara* was 14, a family member found disturbing videos on her phone and reported them to police. Counter-terror detectives came and seized the device, as well as her school laptop.<\/p>\n<p class=\"dcr-130mj7b\">When she was interviewed by police, Sara was forthcoming. She had developed an interest in <a href=\"https:\/\/www.theguardian.com\/music\/2014\/nov\/09\/nasheed-how-isis-got-its-anthem\" data-link-name=\"in body link\" rel=\"nofollow noopener\" target=\"_blank\">Nasheeds<\/a> \u2013 chants often based on Islamic beliefs. She had started to search for information about wars and caliphates. She told police she had no intent of hurting anyone.<\/p>\n<p class=\"dcr-130mj7b\">Sara was arrested and charged with possession of extremist material \u2013 one of almost a dozen young people, some as young as 13, <a href=\"https:\/\/www.theguardian.com\/australia-news\/article\/2024\/aug\/11\/afp-counter-terrorism-operation-that-targeted-13-year-old-with-autism-cost-more-than-500000\" data-link-name=\"in body link\" rel=\"nofollow noopener\" target=\"_blank\">who have been charged in Australia<\/a> for having content such as Islamic State propaganda and the Christchurch massacre video on their computers and smartphones in the past five years.<\/p>\n<p class=\"dcr-130mj7b\">Experts say broad laws that criminalise for children as young as 10 the possession of material openly available on the internet are problematic, and risk ensnaring vulnerable young people who may be unaware they have committed a crime. These concerns were expressed to federal parliament before it passed the law in 2023.<\/p>\n<p><a data-link-name=\"standard link button Primary\" data-spacefinder-role=\"inline\" data-ignore=\"global-link-styling\" href=\"https:\/\/www.theguardian.com\/email-newsletters?CMP=copyembed&amp;CMP=emailbutton\" class=\"dcr-svb9qg\" rel=\"nofollow noopener\" target=\"_blank\">Sign up for the Breaking News Australia email<\/a><\/p>\n<p class=\"dcr-130mj7b\">A Guardian Australia investigation has uncovered court records that show many children charged under these laws have an autism diagnosis, language challenges and social issues \u2013 raising questions about the criminal system\u2019s approach to counter-radicalisation while dealing with young people with disabilities.<\/p>\n<p class=\"dcr-130mj7b\">A clinical psychologist described Sara to the court as a \u201cyoung, naive Muslim girl with autism\u201d. Sara said she had collected the material \u2013 19 clips including \u201cpropaganda for the Islamic State and Hamas\u201d \u2013 out of curiosity and an interest in war and her religion.<\/p>\n<p class=\"dcr-130mj7b\">A 15-minute bomb-making video had been sent to her by a man overseas on Discord, according to court records, but there was no evidence she sent it to anyone or intended to act.<\/p>\n<p class=\"dcr-130mj7b\">\u201c[Sara] did not fully appreciate the wrongfulness of her actions and may not have fully understood the intentions of the people or person who sent her the material, or the harm in her engaging with them,\u201d the magistrate said at sentencing, after Sara pleaded guilty to possessing extremist material and possessing a document or record of information for a terrorist act. The case was diverted out of court to a mediation process, where her offending would be addressed to family conference.<\/p>\n<p class=\"dcr-130mj7b\">In 2024, a 13-year-old Adelaide boy with autism was charged with possession of extremist material, in a case described by his barrister as \u201can abuse of process, doomed to fail and oppressive\u201d. The charge was later dropped.<\/p>\n<p><img loading=\"lazy\" decoding=\"async\" alt=\"Why Australian police are being accused of further radicalising an autistic 13-year-old boy \u2013 video\" src=\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/03\/1773535329_721_1920.jpg\" height=\"259\" width=\"460\" class=\"dcr-1qi2at0\"\/>Why Australian police are being accused of further radicalising an autistic 13-year-old boy \u2013 video<\/p>\n<p class=\"dcr-130mj7b\">A Canberra boy, 17, pleaded guilty last year to possession of violent extremist material, including dozens of videos that showed \u201cmurder by shooting, explosives, decapitation and the ISIS flag\u201d.<\/p>\n<p class=\"dcr-130mj7b\">He was autistic and \u201ca young person with significant neurological disadvantage\u201d, the magistrate said. \u201c[His] interest in the material was shaped less by a desire to harm and more by rigid moral beliefs reinforced by his ASD traits,\u201d a psychologist told the court.<\/p>\n<p>\u2018Blurry\u2019 lines<\/p>\n<p class=\"dcr-130mj7b\">Security services have repeatedly raised the alarm about the rising number of young people being radicalised in Australia, and the contribution of online connections and exposure to extreme or violent content.<\/p>\n<p class=\"dcr-130mj7b\">Some far-right groups, such as Australia\u2019s National Socialist Network, have explicitly discussed honing their appeal for young people. The leader, Thomas Sewell, in a video posted in 2025, joked about recruiting \u201chundreds of autistic teenagers\u201d.<\/p>\n<p class=\"dcr-130mj7b\">Yet lawyers and terrorism experts question whether charges predicated on possession of violent extremist material is the right way to push back against youth radicalisation, especially when such material is so pervasive online.<\/p>\n<p class=\"dcr-130mj7b\">A <a href=\"https:\/\/voxpol.eu\/wp-content\/uploads\/2025\/07\/DCUPN0751-Gore-Extremism-WEB-250704.pdf\" data-link-name=\"in body link\" rel=\"nofollow noopener\" target=\"_blank\">report published<\/a> in 2025, for example, found that 24 gore-related websites that host terrorist material, as well as war footage and extreme pornography, received an average of 1m combined total visits per month from the UK, largely from young men.<\/p>\n<p class=\"dcr-130mj7b\">James Caldicott is a lawyer who has dealt with some of these matters in South Australia. He said it can be difficult for some young people to distinguish between content that is violent, merely offensive, or even part of news reporting, and what can legally be defined as extremist material.<\/p>\n<p class=\"dcr-130mj7b\">\u201cKids will join these channels on Discord, Telegram, Signal, and may be part of a group of thousands,\u201d he said. \u201cIt is a minefield. Someone might have 10 videos on their phone and not even realise [they would be classified as extremist material]. There\u2019s no real teachings about what they can access.\u201d<\/p>\n<p class=\"dcr-130mj7b\">Robyn Young, a psychologist and autism researcher at Flinders University, said knowing what kind of content would be legally classed as extremist can be \u201ca little bit blurry\u201d.<\/p>\n<p>One lawyer said it was hard to determine whether content could be legally defined as extremist material. Photograph: Maskot\/Getty Images<\/p>\n<p class=\"dcr-130mj7b\">\u201cWe certainly do need to protect these people by educating them on the wrongfulness of a lot of this material, because many people would not appreciate that downloading this \u2026 material is against the law,\u201d she said.<\/p>\n<p class=\"dcr-130mj7b\">While possessing material that supports the preparation of a terrorist act has long been illegal in Australia, intentionally possessing violent extremist material<a href=\"https:\/\/www.aph.gov.au\/Parliamentary_Business\/Bills_Legislation\/Bills_Search_Results\/Result?bId=r7048\" data-link-name=\"in body link\" rel=\"nofollow noopener\" target=\"_blank\"> only became a federal offence<\/a> in 2023. According to <a href=\"https:\/\/www.inslm.gov.au\/news-and-media\/australias-definition-terrorism-be-examined-public-hearing\" data-link-name=\"in body link\" rel=\"nofollow noopener\" target=\"_blank\">the Independent National Security Legislation Monitor<\/a>, 60% of those who have been charged since were children.<\/p>\n<p class=\"dcr-130mj7b\">In South Australia, possessing extremist material \u2013 that a reasonable person would understand as supporting terrorism \u2013 without reasonable excuse has been <a href=\"https:\/\/www5.austlii.edu.au\/au\/legis\/sa\/consol_act\/soa1953189\/s37.html\" data-link-name=\"in body link\" rel=\"nofollow noopener\" target=\"_blank\">against state law<\/a> since 2017. At least 10 people under 18 have been charged with the offence; compared with 26 who were 18 and over, according to records obtained by Guardian Australia.<\/p>\n<p>double quotation markMany people would not appreciate that downloading this material is against the lawRobyn Young<\/p>\n<p class=\"dcr-130mj7b\">Evidence that an act of terrorism is being planned is not required, but police acknowledge such charges are used as a means of early intervention.<\/p>\n<p class=\"dcr-130mj7b\">In a press conference held after the December 2025 Bondi attack, the Australian federal police commissioner, Krissy Barrett, said that the federal legislation in relation to violent extremist material \u201chas been extremely useful\u201d because it \u201chas allowed us to \u2026 get in early under the radicalisation pathway and put people either before court or disrupt their behaviour at a very early stage\u201d.<\/p>\n<p class=\"dcr-130mj7b\">Yet there is also a question about whether some young people found with extremist material know they have committed a crime \u2013 not just that others may find the content offensive or repugnant.<\/p>\n<p class=\"dcr-130mj7b\">\u201cThe rule of law requires that the law must be both readily known and available, and certain and clear. Most significantly it is essential that people know in advance whether their conduct might attract criminal sanction,\u201d the Law Council <a href=\"https:\/\/lawcouncil.au\/publicassets\/642fdfa1-2542-ee11-948a-005056be13b5\/4409%20-%20S%20-%20Counter-terrorism%20Hate%20Symbols.pdf\" data-link-name=\"in body link\" rel=\"nofollow noopener\" target=\"_blank\">said in 2023. <\/a><\/p>\n<p class=\"dcr-130mj7b\">Other legal experts <a href=\"https:\/\/journals.sagepub.com\/doi\/10.1177\/1037969X251328725#fn10-1037969X251328725\" data-link-name=\"in body link\" rel=\"nofollow noopener\" target=\"_blank\">said<\/a> there was \u201ca real risk that children will be increasingly under surveillance by law enforcement, disproportionately be targeted by the offences\u201d.<\/p>\n<p class=\"dcr-130mj7b\">\u201cOn balance this is a bad law that raises more practical and moral problems than it solves,\u201d said Dr Andrew Zammit, a terrorism and security researcher at Victoria University.<\/p>\n<p class=\"dcr-130mj7b\">\u201cBecause there is no need to prove that the person possessing the material has any sort of terrorist intent, it will be exceedingly hard to judge whether it actually helps to prevent attacks.\u201d<\/p>\n<p class=\"dcr-130mj7b\">He also warned that there could be unintended consequences \u201cthat undermine counter-terrorism as a whole\u201d if parents are less willing to reach out to the authorities for help if they fear their child could be imprisoned.<\/p>\n<p class=\"dcr-130mj7b\">Children as young as 10 can be charged, although the attorney general must also consent to their prosecution of anyone under 18.<\/p>\n<p class=\"dcr-130mj7b\">For those under 14, the state\u2019s case must also overcome the principle of doli incapax \u2013 the presumption that someone so young does not have the knowledge to form criminal intent.<\/p>\n<p>\u2018Dooming\u2019 rehabilitation efforts<\/p>\n<p class=\"dcr-130mj7b\">In 2025 in South Australia, a 15-year-old boy pleaded guilty to possessing documents that could assist in the preparation of a terrorist attack, as well as extremist material. He had also expressed white supremacist and racist views online. He was 14 when he committed the offence.<\/p>\n<p class=\"dcr-130mj7b\">At sentencing, the magistrate acknowledged his \u201csevere language disorder\u201d, social issues and disrupted childhood. \u201cYou were given access to the internet unrestricted at about the age of 5 and it would appear that the internet has largely raised you,\u201d he said.<\/p>\n<p class=\"dcr-130mj7b\">Ahu Kocak is a forensic psychologist who has seen cases where people as young as 14 have been charged with possessing extremist material. She emphasises the ease with which propaganda can now land in someone\u2019s phone or inbox.<\/p>\n<p class=\"dcr-130mj7b\">\u201cI think what\u2019s happening is exposure to technology: the changes in the way organisations are now filtering their propaganda,\u201d she said. \u201cPreviously, it would have been more group, interpersonal-based \u2026 You don\u2019t need to do that any more. Propaganda is now much more prevalent through things like TikTok.\u201d<\/p>\n<p>An internal review was launched by the Australian federal police after a court found that an undercover officer had \u2018fed\u2019 the fixation of a boy with autism. Photograph: Dominic Lipinski\/PA<\/p>\n<p class=\"dcr-130mj7b\">Documents obtained under freedom of information laws from the AFP show police are also grappling with the issue of how to investigate similar allegations involving young people with autism.<\/p>\n<p class=\"dcr-130mj7b\">An internal review was launched after <a href=\"https:\/\/www.theguardian.com\/australia-news\/2024\/feb\/03\/australian-undercover-police-autistic-13-year-old-fixation-islamic-state\" data-link-name=\"in body link\" rel=\"nofollow noopener\" target=\"_blank\">a court finding<\/a> that an undercover AFP officer had \u201cfed\u201d the fixation and \u201cdoomed\u201d rehabilitation efforts for a boy with autism, who later faced terrorism charges at the age of 14.<\/p>\n<p>double quotation markLaw enforcement doesn\u2019t understand the different ways autistic kids experience the world and communicateDr Vicki Gibbs<\/p>\n<p class=\"dcr-130mj7b\">The review terms state its purpose is to \u201cinform the organisation on matters of appropriateness of investigation strategy decisions\u201d. The complete review, a draft of which made 19 recommendations, was not released.<\/p>\n<p class=\"dcr-130mj7b\">Dr Vicki Gibbs, a clinical psychologist and Aspect\u2019s head of research, met the AFP as part of the review. She declined to comment on the case but, speaking generally, said that while there had been a \u201cuptick\u201d in cases since 2020, it remained incredibly rare that young people with autism would become involved in counter-terror investigations.<\/p>\n<p class=\"dcr-130mj7b\">Gibbs, who has trained law enforcement officers including AFP counter-terror investigators about autism, said parents concerned about a young person\u2019s online behaviour had a range of options available, not just calling police. Counter-terror police also referred some children on for individual needs-based assessments.<\/p>\n<p class=\"dcr-130mj7b\">\u201cIt is a super low bar now, and then that has a huge impact on them, potentially for the rest of their lives,\u201d she said.<\/p>\n<p class=\"dcr-130mj7b\">\u201cAnd then you have law enforcement that are following things to the letter, and they don\u2019t understand the different ways autistic kids experience the world and communicate.<\/p>\n<p class=\"dcr-130mj7b\">\u201cThe appropriate response will depend on the level and nature of concern in a particular situation.\u201d<\/p>\n<p class=\"dcr-130mj7b\">.\u201d<\/p>\n<p class=\"dcr-130mj7b\">*Name changed for legal reasons<\/p>\n","protected":false},"excerpt":{"rendered":"When Sara* was 14, a family member found disturbing videos on her phone and reported them to police.&hellip;\n","protected":false},"author":2,"featured_media":540957,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[64,63,44],"class_list":["post-540956","post","type-post","status-publish","format-standard","has-post-thumbnail","category-australia","tag-au","tag-australia","tag-news"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/540956","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/comments?post=540956"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/540956\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media\/540957"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media?parent=540956"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/categories?post=540956"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/tags?post=540956"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}