Extraordinary photographs that revealed a baby humpback whale caught in a shark net on the Gold Coast could not have been taken under new laws proposed by the Queensland government, two environmental groups have said.

The baby whale is seen entangled in the shark net in photos and video released by the Humane Society International and the Australian Marine Conservation Society on Tuesday.

The groups also released images of an endangered baby scalloped hammerhead shark that was tangled and drowned in a shark net off the Gold Coast on 4 October.

A baby humpback whale entangled in shark nets around the Gold Coast. Photograph: Nicole McLachlan/Humane Society International/Australian Marine Conservation Society

This photograph could not be taken under proposed new laws in Queensland, environmental groups say.

The baby humpback in the photographs was freed by a rescue and response team on Tuesday.

But the groups say a state Labor government proposal to create new exclusion zones of 20 metres around shark control equipment effectively created a “shark gag law”, because it would make photography of drumlines and shark nets almost impossible.

An endangered baby hammerhead shark that tangled and drowned in a shark net off the Gold Coast. Photograph: Nicole McLachlan/Humane Society International/Australian Marine Conservation Society

Environmental groups say proposed exclusion zones of 20 metres around shark control equipment effectively creates a ‘shark gag law’.

“The public has a right to see the true cost of the Queensland government’s shark culling program,” said Leonardo Guida from the Australian Marine Conservation Society.

“Our footage of a baby humpback whale trapped in the nets would have been illegal to collect if the proposed exclusion zone around shark control equipment was in effect.”

The entangled baby humpback whale.

Queensland’s shark control program, which includes baited hooks and shark nets, was established more than 50 years ago. Queensland rejected a Senate inquiry recommendation to abandon the program in 2017.

The baby humpback with an adult nearby. Photograph: Nicole McLachlan/Humane Society International/Australian Marine Conservation Society

The state government argues that the proposed exclusion zones are needed to keep the public safe, but the campaigners say that if the equipment is dangerous, it should be replaced by non-lethal technology.

Last month the Queensland premier, Annastacia Palaszczuk, defended a decision by authorities to kill six sharks in the Whitsundays after two people received serious bites in separate attacks.