‘It’s a Jungle Out There’: The Legal Implications of Underbelly

Abstract

The banning of the broadcast of the real-life crime drama series, Underbelly, in Victoria in 2008 raises important issues about the impact of globalisation on the local administration of criminal justice. This article canvasses the challenges presented by two significant globalising tendencies – internet technologies and human rights – through a case study of Underbelly and the related litigation. It analyses the impact of internet technologies on the effective operation of suppression orders and the principles of contempt of court, noting the difficulties presented to territorially-based legal principles by technologies which transcend jurisdictional borders. Not only does globalisation challenge the substantive law to be applied but it also presents difficulties for the legal framework in which multi-jurisdictional disputes are to be resolved. To this end, this article explores the impact of human rights on extradition.

Keywords: Underbelly, contempt of court, suppression orders, human rights, extradition, globalisation

JEL Classification: K10, K14, K30, K41