Animals being in captivity is bad for their instincts. In captivity, animals lose their more wild side that's in touch with their original and natural environment. Unless an animal (specifically whales in this case) is injured and cannot be in the wild, they should not be kept in captivity.
It depends on the fact of the matter on wether this system is fair but i believve it is done this way so that they can actually make decisions instead of trying for everyone to find comon ground
