The RSPCA has told a state inquiry that live baiting in the greyhound industry, illegal puppy farms and alleged cramped conditions in feedlots would not be exposed without the use of surveillance devices.

The New South Wales Legislative Council is conducting an inquiry into landowner protection from unauthorised filming or surveillance.

The committee tasked to oversee the inquiry said it would focus on the nature of protection for landholders from unauthorised filming or surveillance, including — but not limited to installation — the use and maintenance of optical surveillance devices without consent under the Surveillance Devices Act 2007.

It said it would also look at the extent and appropriateness of penalties for unauthorised filming or surveillance as well as the implications of what it said was a rapidly changing media environment, including social media platforms such as Facebook Live.

Animal welfare groups say secret filming needed to expose cruelty

The RSPCA told the inquiry that surveillance devices legislation must strike an appropriate balance between protecting the privacy of individuals while not unduly inhibiting the exposure of illegal and unethical conduct in the public interest.

"There have been many significant cases of animal cruelty in recent years that would never have been brought to public attention were it not for individuals taking it upon themselves to record the incident," the RSPCA said.

The RSPCA went on to say that filming by activists, investigative journalists, bystanders and whistle blowers has stimulated intense public and political debate which has led to widespread industry and legislative reforms.

It listed several examples that led to criminal investigations or prosecutions such as the live sheep export industry, a live baiting scandal in the greyhound racing industry and the operation of illegal puppy farms.

The group said hidden cameras had also played a role in exposing animal cruelty in multiple abattoirs.

The RSPCA says without surveillance live baiting scandal would not have been exposed. ( News Video )

The group Animal Liberation told the inquiry it had a range of concerns associated with current and proposed amendments to existing legislation in relation to landowner protection.

It said its main concern was differential protection and a dismantling of key public interest areas.

"Attempts to gag the collection of materials obtained by private animal cruelty investigators significantly diminishes the capacity of the consumer to be reliably aware of practices inherent in the production of animal products," Animal Liberation said.

People for the Ethical Treatment of Animals (PETA) also wrote a submission.

"PETA has never engaged in unlawful activity, and does not engage in conduct that would form the bases for the criminal offences ostensibly contemplated by this Inquiry," PETA said.

"However, we do have concerns with its potential chilling effect on the exposure of animal suffering and the Inquiry's apparent intentions."

Farmers take aim at vigilantes

Australian Pork Limited used its submission to outline a number of concerns.

"The unauthorised filming and surveillance of pig production facilities has been an increasingly common occurrence in recent years," Australian Pork Limited (APL) said.

"Pig producers undertaking lawful businesses are being targeted by activist vigilantes intent on undertaking illegal activities (e.g. trespass) with the sole objective of causing the industry harm, and stop consumers eating pork.

"These actions result in animal welfare impacts and immense distress for individual farmers and their staff.

"Carefully designed biosecurity protocols are being ignored by trespassers who often move from farm to farm within a region to place hidden cameras, which they will then edit to create misleading and sensationalised videos."

The Australian Livestock Property Agents Association had similar concerns.

It also wanted the terms of reference for the inquiry expanded to allow for the committee to investigate trespass laws as a way of protection for landowners from unauthorised entry and filming or surveillance.

Farmers across Australia have raised several concerns about drone footage gathered by activist groups. ( Lara Webster )

Trespass prompts biosecurity fears

The Australian Livestock Property Agents Association had also called for the committee to investigate New South Wales biosecurity laws as a way of protection for landowners from unauthorised entry and filming or surveillance.

The Australian Veterinary Association echoed those concerns.

"Some animal welfare advocates have felt compelled to take matters into their own hands by undertaking their own surveillance," the association said.

"This situation is undesirable because of the potential for breaches in biosecurity protocols and disturbance to animals from unauthorized entry to farms.

"Animal welfare inspectors currently rely on complaints from the public to alert them to breaches such as the existence of puppy farms, substandard livestock operations or serious abattoir negligence.

"Additional state resourcing to permit proactive monitoring by regulators under formal monitoring schemes would help to improve this situation."

Government warns lawbreakers trying to discredit farming

The New South Wales Government said unauthorised filming and surveillance was an issue of concern for individuals, businesses, and the community.

It said it had strengthened legislative and policy frameworks aimed at preventing and reducing the impact of such incidents.

The government said agricultural businesses that are often targeted by unauthorised filming include dairies, feedlots, piggeries, egg and chicken meat production facilities and abattoirs.

"There have been cases where such footage is released publicly with the aim of discrediting both the individual farm and the wider industry," the Government said.

"The NSW Government does not tolerate those who mistreat animals and will continue working with industry and enforcement agencies to ensure compliance with relevant legislation and frameworks.

"At the same time, the NSW Government does not tolerate people who deliberately and wilfully break the law in order to generate media stories to discredit farming businesses undertaking lawful activities."



NSW Government says some farmers doing the right thing have been unlawfully targeted. ( ABC News: Chris Lewis )

The government said farm trespass and illegal filming could take a heavy toll on farmers.

"The personal impact on farmers and their families are potentially significant," the government said.

"If publicly released images are misconstrued, farmers have little opportunity to defend themselves or correct any misrepresentations.

"They may be filmed in highly stressful situations if they confront trespassers."

The government instead urged people with animal welfare concerns to alert relevant authorities, rather than undertake unauthorised filming of farm operations for the purpose of providing the footage to media companies or to upload on social media.

