Balancing the Right to Free Speech with the Right to a Fair Trial


X sought orders against General Television Corporation Pty Ltd prohibiting the publication, broadcasting or exhibition of the television show Underbelly until X's criminal trials were complete. Underbelly was based on the Gangland Wars in Melbourne between 1995 and 2004. X brought the application over concerns about the effect Underbelly would have on his trials.

An edited version of the show was produced for the Victorian audience to address concerns raised by the Victorian Director of Public Prosecutions. Vickery J viewed the six episodes before making the judgment.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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