bbfc case studies- 9 Songs

This movie was put into the case study for the fact that it was scrutinized for explicit sexual content and the concern over the actors having real sex in the film.

Defense

• "Those classifying 9 Songs also considered one of the BBFC's guiding principles that state ‘In line with the consistent findings of the BBFC's public consultations, at '18' the BBFC's guideline concerns will not normally override the wish that adults should be free to chose their own entertainment, within the law.’ However, there are exceptions to that principle and one is: ‘the more explicit images of sexual activity – unless they can be exceptionally justified by context and the work is not a 'sex work'"
• It was clear to those who viewed it that 9 Songs was not a 'sex work'. 
• The intention of the work was clearly to explore a narrative about a relationship by showing two characters both having sex, talking and interacting in other environments (principally at live music gigs). It also did not 'look' like a sex work - it did not star well known sex performers, it was not shot so the only focus was on sex and titillating nudity and was not scripted to guide viewers to sexual 'scenes' or 'scenarios'.

What the BBFC said when analysing it

•  the decision became an analysis of whether the real sex, which was frequent and totalled over several minutes of screen time was ‘exceptionally justified’ by its context. In this instance the narrative context of the work - which clearly aims to explore a relationship through sexual activity was acknowledged by the examining teams who recommended '18' 
• It is worth noting that when some features for the video/DVD release were submitted the lack of contextual justification for one longer version of a sex scene (which was submitted to the BBFC and examined as a stand alone work) meant it was classified 'R18'. For this scene there was no broad context created by the film style, story or characters - rather it was simply a well shot sex scene.
• Wider implications were also considered and after bearing in mind the intention of the filmmaker, the likely audience of the work and the likely interpretation of the work from a wider audience it was felt that the sex in 9 Songs could be contained at the adult category.

Other Notes

• Several letters were received, many of which arrived from people who had not watched 9 Songsdemanding it be banned, cut or removed from distribution. These views from groups and individuals (most of whom felt real sexual activity was inappropriate in any nationwide release) were all carefully considered. All letters were answered personally by the Director (David Cooke), the chief assistant (policy) or examiners who classified the film.
• The consumer advice reflected the defining classification issues which were both the strength and frequency of the explicit scenes. It read: Contains frequent, strong real sex. A press release explaining the BBFC's decision was issued prior to the film's release.