9 Songs (2004)

Classification Issues

• Sex
  • The film includes a number of scenes of explicit, real sexual activity.
• Additional issues
  • Other issues include strong language (‘f**k’) and scenes of drug misuse.

Classification history

9 Songs was carefully considered by the BBFC when it was submitted for classification in 2004, being viewed by examiners, the Presidential team and the Director.

Those classifying the film considered one of the BBFC's guiding principles, as set out in the Guidelines of the time, that “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 choose their own entertainment, within the law.” However, the Guidelines noted exceptions to that principle, and one was “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'. Sex works were defined by the BBFC at the time as “works, normally on video or DVD, whose primary purpose is sexual arousal or stimulation.” The intention of 9 Songs was clearly to explore a narrative about a relationship by showing two characters both having sex, and talking and interacting in other environments (principally at live music gigs). It also did not feature well known sex performers and it was not shot so the only focus was on sex and titillating nudity.

Thus 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 uncut unanimously.

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, the BBFC determined that the sex in 9 Songs could be contained at the adult category. The film was duly classified 18, for frequent, strong real sex.

A press release explaining the BBFC's decision was issued prior to the film's release, on 18 October 2004, that stated: 

“The BBFC has classified Michael Winterbottom’s film 9 Songs ’18′ uncut for cinema release.  The film portrays the development of a relationship between two people, and includes a number of scenes of explicit, real, sexual activity. The Board carefully considered whether these scenes contravened the current classification Guidelines.

“Some people may find such explicit images shocking or unexpected in a cinema film. The BBFC is sensitive to public concerns, and its Guidelines are based on extensive consultation. The Board’s Guidelines allow the more explicit images of sexual activity at ’18′ if they can be exceptionally justified by context. The Board has concluded in this case that adults should be free to choose whether or not to see the film.  The film does not raise issues of harm or sexual violence. The film’s exploration of the relationship provides sufficient contextual justification for the Board to pass the work uncut at ’18′.  9 Songs is wholly different in appearance, tone, intention and treatment from the sex works which the Board classifies either at ’18′ or ‘R18′ (and which in the latter case may be supplied only in licensed sex shops).

“The Board’s consumer advice for the film will make clear that the film contains frequent strong real sex so that anyone who might be offended can avoid seeing the film.”

Public reaction

The BBFC received several letters regarding the classification of 9 Songs, many of which arrived from people who had not watched the film, demanding 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 BBFC’s Director, the chief assistant (policy), or by examiners who classified the film. Some of the letters received praised the BBFC for taking the decision to pass 9 Songs uncut, enabling adults to choose what they watched themselves.

In Spring 2007 The Diocese of Litchfield produced a paper entitled Media Exploitation calling for further research into how peoples’ behaviour is influenced by the media they consume. The paper cited 9 Songs alongside other works including Destricted, Baise Moi and Intimacy as examples of the BBFC “making pornography easier to access by giving hardcore material 18 certificates”. The motion was debated at the Church of England Synod where the work of the BBFC was supported.

It is worth noting that when some features for the video/DVD release were submitted in 2005 the lack of contextual justification for one longer version of a sex scene (which was submitted to the BBFC and examined as a standalone 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.