News media could face prosecution under animal abuse whistleblower bill
by Katerina Lorenzatos Makris
If a proposed state law passes, a reporter who distributes videos of animal abuse obtained without property owners’ consent on Iowa farms could be convicted of felony crimes, fined, and imprisoned, facing stiffer penalties than those imposed for the abuse itself.
The current wording of Iowa House File (HF) 589 could allow for the prosecution of news media workers who disseminate undercover videos or photographs of animal cruelty incidents shot on the state's farms without explicit permission from property owners, said state Sen. Matt McCoy in a phone interview this week.
Worker ‘forcefully shoves his finger into a calve’s eye to restrain her’ while burning out her horns with a hot iron, according to MFA Photo: Mercy for Animals (MFA)
HF 589 states that “a person is guilty of animal facility interference if the person acts without the consent of the owner of an animal facility to willfully… produce a record which reproduces an image or sound occurring at the animal facility…” or “…possesses or distributes a record which produces an image or sound occurring at the animal facility…” according to the Iowa legislature's website.
“It’s a clear violation of the First Amendment,” McCoy told Animal Beat. “If someone knowingly possesses material given to them by a whistleblower, they could be convicted of a class D felony just for possessing it. Currently media are treated the same way.”
ABC’s Nightline won a Genesis Award from HSUS in recognition of its segment “Got Milk?” described as “a searing undercover investigation into the inhumane practices of the dairy farm industry, highlighting tail docking, horn-burning, and the trauma of calves being dragged from their mothers,” which featured footage obtained covertly by MFA.
Longtime dairy worker Phil Niles was later convicted on a misdemeanor charge of animal cruelty in connection to the behavior documented by the MFA video.
Iowa state Rep. Annette Sweeney, HF 589’s chief sponsor, told APE in a phone interview last week that the bill is necessary to protect farmed animals and the food supply from diseases that animal activists might spread while filming and photographing without clearance from either farm property owners or law enforcement authorities.
Sweeney added that animal abuse is “rare” on Iowa farms. “If you’ve ever been in the livestock area and you see a grown man cry because he has lost a couple of sow and litter of pigs because he tried everything he possibly could do, it would totally change the outlook of people on the livestock industry,” she said.
The production agriculture industry needs protection from animal activist group operatives who misrepresent themselves to gain employment on farms, then possibly stage incidents of animal abuse for videos, Iowa Poultry Association CEO Kevin Vinchattle told AB. He said the agenda of such groups appears to be to end the use of animals for food.
Calling HF 589 an “unconstitutional” and “unconscionable” effort by “very well-funded“ animal agriculture lobbies to “stop animal welfare activists,” Sen. McCoy has proposed several amendments with which he hopes to stop the bill or reduce its effects.
Some of the lobbyists registered in favor of the bill include those for Monsanto, DuPont/Pioneer, Iowa Biotechnology Association, Iowa Poultry Association, Iowa Corn Growers Association, and Steve Kruse Kennels.
Among the lobbyists registered in opposition are those for American Civil Liberties Association, Justice Reform Coalition, Iowa Environmental Council, Animal Rescue League of Iowa, and Iowa Voters for Companion Animals.
The bill passed the Iowa House last month, cleared the Senate Agriculture Committee last week, and next goes up for debate and a vote on the Senate floor.
The Florida and Minnesota legislatures have similar bills in progress.
For a description of McCoy’s amendments to the bill, and for interviews with more policy makers and animal welfare leaders on this issue, please visit Animal Beat again soon.
Or subscribe to Animal Beat by signing our Guestbook on the HOME age.
For previous articles on this bill, including a three-part interview series please click here.
To voice an opinion yea or nay on HF 589, contact:
Rep. Annette Sweeney
Sen. Tom Rielly
Please note: Concerned citizens from outside the state may express opinions to Iowa legislators, but it is recommended that they identify themselves as non-Iowans.
Upcoming coverage of HF 589 will include interviews with:
Kevin Vinchattle, CEO, Iowa Poultry Association
Wayne Pacelle, President and CEO, The Humane Society of the United States
Nathan Runkle, Founder and Executive Director, Mercy for Animals
Erica Meier, Executive Director, Compassion Over Killing
