Uncovering animal cruelty, the end can sometimes justify the means

30 JUNE 2014

Legislative change to crack down on activists breaking into farms to film suspected animal cruelty should be approached with caution, according to Professor John Kleinig from CSU's Centre for Applied Philosophy and Public Ethics (CAPPE).

Legislative change to crack down on activists breaking into farms to film suspected animal cruelty should be approached with caution, according to Professor John Kleinig from Charles Sturt University's Centre for Applied Philosophy and Public Ethics (CAPPE).

By Flying Eye (Own work) [CC-BY-SA-3.0 (http://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia CommonsFollowing a number of cases where hidden cameras have been discovered in piggeries, farming groups are calling for changes to make it easier to prosecute for trespass and stronger penalties for those convicted.

State and Federal Agriculture Ministers are also reported to be working on a coordinated response to strengthen legislation.

Professor Kleinig, who is a world authority on criminal justice ethics, believes there's a risk this could prevent cases of animal cruelty being exposed.

"In an ordered society, the first move is to report concerns to appropriate authorities, for example the RSPCA," he said.

"However, if the appropriate authorities are not sufficiently concerned for example if they are compromised or they are not empowered to make unannounced calls or to subpoena data, then other strategies may be necessary."

Professor Kleinig said the argument that farmers' privacy is being invaded is not justified.

"Although we have certain rights to privacy, they are not absolute especially where there is some reason that what is being hidden constitutes criminal activity, in this case animal cruelty, and one cannot hide behind privacy. Hidden cameras and drones may be options.

"True, animal activists may be violating trespass laws and perhaps they should be enforced  but civil disobedience is a democratic right and the evidence gathered should be taken seriously rather than ignored because of the way in which it was gathered.

"Of course, the evidence should be substantial and not merely selective. I make no judgment on its validity and reliability.

"We need some assurance that legislative change is not a strategy for hiding abuses and securing economic values in the face of moral ones," said Professor Kleinig.

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Agricultural ScienceAnimal and Veterinary scienceFood productionReligion and EthicsSociety and Community