While Australians have long been noted as some of the most voracious downloaders of television, using bittorrent-based peer-to-peer sources has generally been focused on accessing UK and US shows which don’t screen in Australia until some time (from weeks to years) after the original airdates. However, the recent case of the Australian production Underbelly is a little bit different.

Underbelly dramatises the infamous events in Melbourne, Victoria between 1995 and 2004 which encompassed a gangland war and a series of murders. However, at least one criminal trial from these events is still underway, and so just prior to the screening of the first episode of Underbelly, a court injunction prevented the Nine Network from screening the tv series in Melbourne, on the grounds it could prejudice any potential Victorian jury. So, on February 13, every other Australian state except Victoria could view the show, while Victorians could not. Also, as it’s pretty much impossible to limit websites on a state-by-state basis, the ban also prevents promotional material, trailers and episodes of Underbelly being hosted online. Thus, the official website currently sports a great many “This functionality is not available due to current legal restrictions” (screenshot) signs and not that much else.

Yet in the era of bittorent and peer-to-peer networks, that’s far from the end of the story. As soon as the ban was issued, media reports appeared highlighting the fact that Underbelly was sure to be available as a download in Victoria within hours of its screening in every other state. As the Herald Sun reported:

… the explosion of video on the internet, through websites and through file sharing, may allow Victorians to see the drama within hours of its broadcast interstate. A scan of one site today revealed several copies of the promotional clips from the series on the website, despite their removal from Nine’s site. “This is a great problem on the internet,” University of NSW Cyberspace Law and Policy Centre executive director David Vaile said. “Legal jurisdiction is typically limited by geography, and by its nature the internet doesn’t place much regard to geography.”

Mr Vaile believed the judge may have taken into consideration the possibility that copies of the drama would appear on the internet, but that it would have limited impact on potential jurors. “(The judge) may well have decided that something that is not the official publisher’s website will not have the same sort of impact,” he said. However watching illegal versions of the underworld drama will not be without risk. Mr Vaile said people caught uploading clips from Underbelly could face copyright and contempt of court charges.

Subsequent reports noted that it took less than half an hour for Underbelly to hit bittorrent networks and a quick search on isohunt this morning revealed more than a dozen active bittorrent sources for the first two episodes of Underbelly still available almost a week later. Vaile’s comments do note a new potential avenue for prosecuting uploaders in this case, namely contempt of court, but as Alex Malik notes, it seems unlikely that option will be pursued:

While it is probably illegal for viewers to upload Underbelly to these [peer-to-peer] services, it is unlikely that the Nine Network and other rights owners will undertake any enforcement activity to stop them. They may be too busy enjoying the viral marketing buzz associated with internet TV show access. Or they may be thinking about DVD sales down the road. In short, this ban by the Supreme Court may result in Underbelly being one of the internet events of the year. And of course once the TV show hits the internet, it’s fame can then become international fame.

Strangely enough, the only mainstream article which suggests that Australian filesharers are in any way worried about potential court action is on the NineMSN website (co-owned by Microsoft and the Nine Network), while most other reports simply note that a lot of Victorians were accessing peer-to-peer networks in the past week!

Underbelly has certainly focused the spotlight on the wide use of peer-to-peer networks in Australia. The hype and attention that the banned show has received may very well work in the producers’ favour in the long run, ensuring that the people who do see the show in Victoria keep the buzz alive, even if the ban does last the entire 13 episodes. Such buzz should make any DVD sales which are eventually allowed a huge success.

Overall, though, the attempt to ban any sort of digital media on a state by state basis in Australia is clearly impossible, and the attempt to restrict this series in Australia may very well have led a number of Victorians to avail themselves of bittorrent files for the first time. It seems unlikely that once Pandora’s peer-to-peer networks are opened that Victorians will simply put this newfound resource back in the box.

Update (26 March 08): Despite an appeal by Channel 9, the ban on Underbelly screening in Victoria has been upheld.  In at least once Victorian town, though, unusual weather conditions have allowed Victorians to watch an episode that was being broadcast in Tasmania!