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Could Taking Pictures On A Farm Become Illegal?
January 12, 2012
Advocates for animal welfare and those who might try to expose certain questionable farm practices failed Wednesday to persuade the House Agriculture Committee to slow a move to ban people from secretly taking pictures on farms.
Backers of a bill (HB 1021) that would outlaw the taking of pictures on farm property without permission say it’s simply a matter of private property rights, and that farm owners ought to be able to protect themselves from both potential misunderstandings about what pictures or videos might show and possible industrial espionage.
The measure, which was approved 13-2 by the panel and goes next to the House Criminal Justice Subcommittee, is aimed mainly at undercover operations by animal rights organizations. Investigators for the Humane Society of the United States and other activist groups have gotten jobs at farms and used hidden cameras to document animal treatment, and sometimes lack of sanitary conditions.
Sometimes, wrongdoing is documented by someone who works on the farm already and learns of it, and then tries to expose it after being unsuccessful at changing the practice, then becoming a whistleblower. Other times it can only be exposed by someone who gets a job intending to investigate the practices, said Laura Bevan, eastern region director of the Humane Society of the United States.
And often, law enforcement won’t get involved – until someone provides evidence of wrongdoing, said Bevan. She said she was involved in a 1999 case in which veal calves were being mistreated and drowned.
After someone in the industry told the Humane Society, it took video and gave it to law enforcement. And the publicity in the case led to changes in the law and animal treatment on such farms, she said.
“Something good came out of that, but that would not have happened, it would not have changed, if we had not gone on that property and taken that video,” Bevan told the committee.
The bill sponsor, Rep. Ben Albritton, R-Wauchula, pointed out that there are plenty of exemptions in the bill for investigators, though they’re all for government officials, such as Department of Agriculture inspectors.
The measure also has exemptions for insurance adjusters and law enforcement officers. And the bill wouldn’t ban people from taking pictures from non-farm property. If someone stood across the street and used a long lens, for example, that wouldn’t be illegal under the bill. Nor would aerial photography. The only violations would be when someone actually is on the property taking unauthorized photos.
“Private property rights – at the end of the day that is my perspective on offering this bill, and I believe it to be correct,” Albritton said.
Beven pointed out that photos or videos by undercover photographers could also be used to document things having nothing to do with animal welfare, from environmental wrongdoing to migrant workers’ rights, for example.
“Without those kind of exposés, sometimes things have to come to the light of day to be … corrected,” she said.
Rep. Luis Garcia, D-Miami Beach, was one of two no votes, citing cases in Hialeah involving illegal slaughter of horses that were exposed by secret video. Rep. Michelle Rehwinkel Vasilinda, D-Tallahassee, also voted against the measure.
By The News Service of Florida
Pictured: Taking photos on a farm, like these farm photos taken (legally) in Walnut Hill, could become illegal in Florida. NorthEscambia.com file photos, click to enlarge.
Comments
13 Responses to “Could Taking Pictures On A Farm Become Illegal?”
REGARDING:
“I’m confused. Don’t we already have a law that says you can’t trespass on someone’s property if there is a “no trespassing” sign posted in obvious places? How is this law any different?”
Please consider the following from the article above:
“Sometimes, wrongdoing is documented by someone who works on the farm already and learns of it, and then tries to expose it after being unsuccessful at changing the practice, then becoming a whistleblower. Other times it can only be exposed by someone who gets a job intending to investigate the practices, said Laura Bevan, eastern region director of the Humane Society of the United States”
So if I read it rightly, this law would outlaw taking pictures while on other people’s property even if you had permission to be on the property. Or maybe it only limits it to farms but I doubt it. Regardless, if children were on tour of a farm and decided to snap some pictures with their cell phones, they would be in violation of law unless they could prove the pictures were permitted.
For example if the workers were relieving themselves on the food ere shipping it out, taking their picture to prove it would be illegal because it might hurt sales.
David for e coli off the food
I’m confused. Don’t we already have a law that says you can’t trespass on someone’s property if there is a “no trespassing” sign posted in obvious places? How is this law any different?
Sad when we have to have a law , to stop the so-called do gooder’s, from coming on your property , because they think you might not be raising your live stock the way they think you should. So here it is plan and simple, Any one involved in such activity, your rights end where some ones property line begins.Unless you get written permission, from the owner, or tell the owner your intentions, you are trespassing. If you are caught you should be prosecuted to the full extent of the law. It is common knowledge that some of these animal rights groups are now bordering on terrorist intent. So it is time to reign them in. Ever wonder how many of these groups can say they stand for the rights of animals, yet turn around and support abortion? So what is wrong with that picture? Many off these groups do not like hunters or fisherman, and have done many things to stop them. Well enough is enough. Great law, for common sense. Once again left wing groups trying to tell the rest of us how to live, and what to eat.
Sorry…..I misread and didn’t comprehend. I do agree people shouldn’t go on others property. However, I do love the old black & white and sepia. Thanks William for clearing that up for me.
What’s next? If people can traverse property boundries in the name of protecting aninamls, then what’s to stop someone from peeping in my windows or–worse–entering my home to photograph a “possible crime.”
Every crackpot-screwhead, self-appointed avenger would be invading the privacy of their neighbors. All you have to do is cite some need: like child safety, animal safety, fire safety, porn, drugs, alcohol, music, being a Muslim….whatever!
Break in my house to take a picture, you’ll get a nice 8 X 10 of the muzzle flash coming out of my Sig Sauer. It’ll be the last picture you’ll ever take. I’m sure the medical examiner will need a copy–so make sure the ASA and F-stop are set correctly.
As you have just stated William, there is already a law “trespassing” that covers sneaking onto a persons farm or property… So, why do we need another law? I thought the ‘R’ in Rep. Albritton’s name is for the party of less regulation? If the farmers don’t want people running around their farms taking pictures, have them arrested for trespassing…
Ask permission!!! What is the big deal?!! Private property!!!
Stay off my land without permission.
To those commenting about liking farm pictures, make sure you note this paragraph:
“,,, the bill wouldn’t ban people from taking pictures from non-farm property. If someone stood across the street and used a long lens, for example, that wouldn’t be illegal under the bill. ”
If the bill passes, you can still take all the pictures you want from the public right of way. You just can’t sneak around the farmer’s land without permission. That would likely be trespassing anyway.
Nothing crazy about it, everyone outside of the bunny hugging organizations is sick and tired of their interference in our day to day lives. Anyone who hunts, fishes, or farms has had to deal with laws caused as a result of those misguided souls trying to impose their beliefs, and their agenda on the world. Add this one to the list!
This is just plain crazy! I as a photographer, take lots of different kinds of photographs; and as Tina said, “There is NOTHING prettier than a black & white picture of farm land, the growth, natural mother nature, and OLD stuff.”
Black and Whites or Sepia tone is beautiful in these type of photos.
This is a great idea. Glad to see someone fighting these animal right idiots.
PLAIN CRAZY!
There is NOTHING prettier than a black & white picture of farm land, the growth, natural mother nature, and OLD stuff.
Rather than treat the animals properly, lets just make laws that say you can’t film people abusing them? Really?