Downloads a key in Underbelly case

Time is running out for Nine's Underbelly to air trouble-free in the State of Victoria.

The first episode was set to screen last night at a roof-top cinema in St Kilda, but was pulled yesterday by Nine.

Over at the official website is still promoting internet users can see
"Episode 1 of Underbelly before it premieres on Channel Nine. Download it from here on February 10."

That won't happen.

The Victorian Supreme Court has subpoenaed all 13 episodes of the crime drama, the bulk of which are still undergoing post-production, to be delivered by 10am Monday morning.

Neither the Director of Public Prosecutions nor the legal defence for a forthcoming courtcase will want to see the series impede a fair trial. But time is not on Nine's side. It will take almost 13 hours just to wade through the material. Legal counsel will need to re-convene to consider argument.

Meanwhile Nine has its eyes set on an 8:30pm premiere on Wednesday.

Nine and Screentime are adamant they are fully aware of their legal obligations and are believed to have been changing names of the characters in their story.

The legal scramble over Underbelly is of course the kind of publicity money can't buy. But Nine doesn't need this. It already flooded the market with promotion for the series, and it has all but overwhelmed us. If this drags on there is a chance sections of the audience will be put off before it even starts.

And as ratings kick off tomorrow, Nine needs to make impact. It is already smarting over a bad start to The Chopping Block and the exit of Ray Martin.

So in a worst case scenario, where does legal action over the drama leave Nine?

Nine could still air the series interstate, and frankly they need to. Just as Blue Murder was unable to air in NSW it screened in the rest of the country. But that was before the days of downloading.

As Leadbelly co-writer John Silvester himself wrote: "The issue of a drama impacting on trials is not new. The ABC series on crime and police corruption in Sydney, Blue Murder, was banned in NSW for six years and was not seen there until 2001. But with the leap in technology, such state-only bans are less effective. If Channel Nine decided to show Underbelly in all states other than Victoria, it would be downloaded onto the web and available here within hours."

How ironic it would be if Victorians themselves resorted to breaking the law with illegal downloads to see a programme about gangsters.

Additional source: The Age


avoodooking said...

David, 2 questions, firstly if nine are unable to air it on wednesday night(which seems likely), will they still air it interstate? Or are they going to wait on it?
Secondly, if they do air it everywhere OTHER than Victoria, what kind of Alternative programming would they air in the 8:30-10:30pm time slot this week, and then 8:30 or 9:30pm time slot for corresponding episodes which would be only 1 per week the following weeks?

David Knox said...

We don't know the official answers to these yet.

Legally there is no issue with airing it interstate and they would be mad not to.

ka-ching said...

They have been advertising the first episode madly tonight in Melbourne throughout Survivor. They must think they have a fair chance of getting it to air.

broadbandken said...

If they really cant show it for legal reasons then it shouldnt be on anywhere in Australia or available to download or shown at a private screening.

Leo_Melbourne said...

David - IF it gets to the stage they can't screen the show, will it just be Victoria that won't get it or the whole country?
I hope channel 9 have it available to download so people that want to see it can see it!
Maybe I'm in fairy land - of course they wont, they would want big ratings :(

Bargearse said...

I can't see this show doing that well outside Victoria, so if there was an injunction, surely they would wait until it could be aired in Victoria?

David Knox said...

Leo, read above, slap.

Jack! said...

I recon we should get that Judge to do the "commentary" on the box set when it is eventually released ... :-)

avoodooking said...

Bargearse, Why shouldn't it rate outside victoria? If Underbelly was set, say in Brisbane, would you suggest the same thing that it wouldn't rate anywhere other than Qld?
I believe it will do well nationally for Nine(Underbelly), and not just in Victoria(if it airs on wednesday night).

Bargearse said...

avoodooking, the whole premise seems very Melbourne specific. I'm in Perth, and we didn't really hear a lot about the gangland war.

I'm sure it will do reasonably well out of Victoria, but it won't be spectacular.