|
Ag-gag is a term used to describe a class of anti-whistleblower laws that apply within the agriculture industry. Coined by Mark Bittman in an April 2011 ''New York Times'' column, the term "ag-gag" typically refers to state laws that forbid the act of undercover filming or photography of activity on farms without the consent of their owner—particularly targeting whistleblowers of animal rights abuses at these facilities.〔Mark Bittman, (Who Protects the Animals? ), ''New York Times'', April 26, 2011〕 These laws originated in the United States, but have also begun to appear elsewhere, such as in Australia. Some of these laws, such as the failed proposal in Pennsylvania, have a wider scope and could be used to criminalize actions by activists in other industries.〔Jacob Chamberlain, (Fracking Activists Could Face Felony Charges as "Ag-Gag" Laws Spread ), ''Common Dreams'', May 9, 2013.〕 Supporters of ag-gag laws have argued that they serve to protect the agriculture industry from the negative repercussions of exposés by whistleblowers. The proliferation of ag-gag laws have been criticized by various groups, arguing that the laws are intended primarily to censor animal rights abuses by the agriculture industry from the public, create a chilling effect in reporting these violations, and violate the right to freedom of speech.〔Matt McGrath, (US animal activist laws 'may impact globally' ), ''BBC News'', 12 April 2013.〕 ==Background== Ag-gag laws emerged in the early 1990s in response to threats posed by underground activists with the Animal Liberation Front movement. In Kansas, Montana and North Dakota, state legislators made it a crime to take pictures or shoot video in an animal facility without the consent of the facility's owner. In 2002, the American Legislative Exchange Council (ALEC) drafted the "Animal and Ecological Terrorism Act", a model law for distribution to lobbyists and state lawmakers. The model law proposed to prohibit "entering an animal or research facility to take pictures by photograph, video camera, or other means with the intent to commit criminal activities or defame the facility or its owner". It also created a "terrorist registry" for those convicted under the law.〔Woodhouse, Leighton Akio (July 31, 2013). ("Charged With the Crime of Filming a Slaughterhouse" ). ''The Nation''. Retrieved August 1, 2013.〕 Since then, bills to ban photographing or videotaping farms without the farmers' consent have been proposed or passed in Iowa (passed), Florida (defeated), New York (died), and Minnesota (died) in 2011; in Indiana (died), Utah (passed), South Carolina (passed), Nebraska (died), Illinois (defeated), and Missouri (passed, modified) in 2012;〔Animal Visuals, (Projects: Ag-Gag Laws and Factory Farm Investigations Mapped: 2012 ), resource website, accessed April 3, 2012〕〔South Carolina Legislature, (Session 119 – (2011–2012) S *0788 (Rat #0248, Act #0220 of 2012) General Bill, By Verdin; Summary: Farm Animal and Research Facilities Protection Act ), state legislative website, accessed June 2013.〕 and in Arkansas (passed),〔Arkansas State Legislature, (Bill Information SB13 ), state legislative website, accessed April 19, 2013.〕 Pennsylvania, Illinois, Indiana,〔Dan Flynn, (Indiana Joins Wyoming in Moving ‘Ag-Gag’ Closer to Law ), ''Food Safety News'', March 1, 2013.〕 Nebraska, New Hampshire (died),〔Katherine Paul and Ronnie Cummins, (Shocking: Reporting Factory Farm Abuses to be Considered "Act of Terrorism" If New Laws Pass ), ''AlterNet'', January 24, 2013.〕 New Mexico (died), Tennessee (passed, vetoed),〔Tennessee General Assembly, (SB 1248 by *Gresham ( HB 1191 by *Holt) ), state legislative website, accessed April 19, 2013.〕〔Humane Society of the United States, (Animal Welfare Advocates Applaud Governor Haslam for Vetoing Ag-Gag Bill ), organizational press release, May 13, 2013.〕 Wyoming,〔Linda Larsen, (Wyoming House Passes Ag Gag Bill; Bill Introduced in Illinois ), ''Food Poisoning Bulletin'', February 15, 2013.〕 California,〔 Vermont,〔Vermont Legislative Bill Tracking System, (Bill: S. 162, AN ACT RELATING TO AGRICULTURAL FACILITY FRAUD ), state legislation, introduced March 19, 2013.〕 and North Carolina〔 in early 2013 (prompting ''Grist'' to ask if 2013 will be the "year of ag-gag bills"〔Susie Cagle, (Will 2013 be the year of ag-gag bills? ), ''Grist'', January 29, 2013.〕). Three similar laws, more broad in scope rather than limited primarily to recording, were passed in Kansas, Montana and North Dakota in 1990 and 1991 (for more, see below).〔Doris Lin, (First Ag-Gag Laws in United States Are Over Twenty Years Old: Iowa's Ag-gag Law Was Not the First ), ''About.com'' Guide, updated March 29, 2012, accessed April 3, 2012〕 The whistleblower advocacy project Food Integrity Campaign (FIC), a campaign of the non-profit organization the Government Accountability Project calls undercover video of livestock facilities by whistleblowers essential: Ag-gag laws have also drawn criticism on constitutional grounds by eminent legal scholars like Erwin Chemerinsky as a violation of the First Amendment for restricting unpopular forms of speech.〔(Animal Welfare Activists File Lawsuit To Overturn Utah 'Ag Gag' Law ), ''Associated Press'', July 22, 2013.〕 In August 2015, a U.S. district court ruled such a law passed by the state of Idaho to be unconstitutional as a violation of the First Amendment; Judge B. Lynn Winmill stated that "Although the State may not agree with the message certain groups seek to convey about Idaho's agricultural production facilities, such as releasing secretly recorded videos of animal abuse to the Internet and calling for boycotts, it cannot deny such groups equal protection of the laws in their exercise of their right to free speech."〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Ag-gag」の詳細全文を読む スポンサード リンク
|