“9 Songs” And The Hypocrisy Of Censorship

Bath scene from 9 Songs by Michael WinterbottomThe other day I visited one of the local video rental shops, a store I haven’t been to in a while. Imagine my surprise when I discovered Michael Winterbottom’s 9 Songs sitting unabashedly on the drama shelves. This is a small town, after all, and sexually explicit “art films” are a bit thin on the ground. I haven’t had a chance to see Shortbus, Destricted or any of those other “mainstream” explicit films due to this general scarcity so naturally I jumped at the chance to see 9 Songs.

The film happily bills itself as “the most explicit mainstream movie ever!” The plot, such as it is, focuses on a young couple in the flush of first lust and love. We see their relationship over the course of a year as they fuck frequently and go to concerts. That’s pretty much it – nothing else happens except concert footage and sex. Winterbottom apparently wanted the audience to “fill in the blanks” of the couple’s relationship, opting to show only snippets of conversation amid a lot of fucking, letting the viewers decide what kind of characters they have and what problems they my encounter.

It’s an interesting idea and I’ve yet to decide whether it’s clever or makes for a very boring movie. Certainly I wasn’t enthralled by it (and fast forwarded most of the songs). Of course, if this was a porn film (i.e. a film made explicitly to arouse) I’d think it was fab because it shows perspectives and characters often missing from the genre.

But this is NOT, Winterbottom insists, a porn movie. This is an art film, thank you very much. And thus that makes the explicit sex far different from all the explicit sex you see in a porn movie. This is a film with morals, people, and it’s made for a more discerning class of viewer than your average wanker who likes porn.

At least, that’s the spin on it.

I personally sat there watching it and couldn’t help but fume at the hypocrisy apparent in the Australian Office of Film and Literature Classification (OFLC) Board’s decision to give it an R rating (after an initial X rating). And I wasn’t fuming because I thought it should have been lumped in with the porn films and effectively banned from cinemas. Nope. I was angry because this film’s R rating entrenches an arbitary line that says “this is an art film, it’s OK” and “this is a yucky porn film, ban it”.

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I found myself reading the OFLC appeal decision on the film, which lists in extensive detail all of the sex acts in the film like some kind of really bad sex story:

At 47 minutes 58 seconds Lisa ties Matt to the bed, she slaps his face with her open hand and puts her stiletto heel into his chest and puts her weight on her foot. She then puts her booted foot onto Matt’s legs. She undresses. At 49 minutes 45 seconds Lisa asks Matt “do my nipples feel sore to you? They are.” At 50 minutes a two-minute scene of actual sex commences. Lisa kisses Matt’s penis and pulls at his testicles. She holds his penis in her mouth (actual sex), she manipulates his penis with her hand (actual sex), her hand is shown repeatedly manipulating Matt’s penis (actual sex).

The “interested parties” who made submissions regarding the film’s classification included TV critic Margaret Pomeranz and the conservative Christian lobby the Australian Family Association (and can I just say how much it pisses me off that the religious nutjobs have commandereed the word “family”?).

The paper discusses why the board decided to go against the “general rule” of “‘simulation, yes – the real thing, no.” I’ve added my own emphasis:

The Review Board in the majority found that there were special aspects of 9 Songs which differentiated it from other films which feature “the real thing” and have been Refused Classification by the Classification Review Board:

• 9 Songs is a film in which Matt and Lisa’s relationship is explored, from Matt’s perspective, through music and sexual activity. In this context, the scenes of actual sex are integral to the plot and theme of the movie.

• 9 Songs, made by the highly-regarded British director Michael Winterbottom, is a film of serious intent and considered by many to have artistic merit. The underlying themes of the movie, the honest, realistic and, at times, emotional and poignant depiction of the couple’s relationship, which were integrated with the scenes at rock concerts, were likely to resonate with a number of the film’s likely audience and had artistic value.

• The scenes of actual sex are not considered by the majority to be exploitative, immoral, indecent, demeaning, improper or gratuitous. In particular, regarding the scene in which Lisa slaps Matt and steps on him with a stiletto boot, the majority was of the view that the impact of this scene was mild and was not demeaning to Matt or Lisa.

• The tone of the scenes of actual sex, in terms of theme and style, were contextually relevant, filmed in a restrained manner and different from standard pornographic films that are routinely classified ‘X’.

The board also took into account “the persons or class of persons to or amongst whom it is published or is intended or likely to be published.”

So the decision to let 9 Songs be R rated was based on the idea that the film was artistic, serious, moral and not demeaning to the participants, as well as the fact that, being an “art film” it was designed for a higher class of people – you know, those smart trendy ones with university degrees who can obviously watch explicit sex without being corrupted or aroused – unlike all those scum who watch porn and for whom the X rating was created, to stop society from descending into a Mad-Max type scenario.

At least, I think that’s what the Classification system is supposed to do.

The OFLC document holds its moral head high in declaring the various teddibly important and artistic reasons why they made this exception to the rules. And yet to me it reveals that the Australian censorship emperors are clothing themselves in particularly airy garments.

I can name numerous adult films with explicit sex that are artistic, serious, moral and not degrading. Of particular note is, of course, the films of Tony Comstock which were banned from a film festival several years ago, but I could also talk about the explicit films of Petra Joy, Jennifer Lyon Bell, Shine Louise Houston or Tristan Taormino. Most of the movies I saw at last year’s Berlin Porn Film Festival could fit into that mould… but they would be illegal to screen here. I could easily argue that the new brand of porn seeks to explore relationships and sexuality in exactly the same way that Winterbottom has done with 9 Songs.

The only difference is that adult filmmakers acknowledge the arousal of their audience rather than placing themselves on an “art” pedestal, one that denies the fact that people WILL get turned on and masturbate if you show them sex.

And that’s what it really comes down to in the end. The OFLC can use all kinds of excuses about art and class and audience and intent but ultimately our laws are about the fear of people getting aroused and masturbating.

(It’s interesting to see the way film reviewers are so quick to say that 9 Songs isn’t really arousing… at least, for the right sort of person.)

If 9 Songs can explicitly show penetration, fellatio, cunnilingus and ejaculation and receive an R rating, why can’t others? I might think that 9 Songs is an art film but no doubt the Australian “Family” Association thought it was filth on the same level as your average gonzo. But if real sex gets the OK in some films and not others, what is the basis for distinction?

The OFLC document talks about the porn genre with disdain, indicating there are personal judgements of taste at work. I find a lot of porn to be distasteful as well (not to mention artless and downright stupid) but that should not be a defining factor in what adults can and cannot see in this country. I find the whole idea of Australian Idol and Transformers 2 to be fairly tasteless… so why are they on our TV and cinema screens?

Why are the personal tastes and “morals” of those who sit on the Classification Board considered to have more authority than mine? What special thing makes them able to sit and watch films that may corrupt the rest of us?

One of the things I find frustrating is that this nonsense is still on our lawbooks in 2009. 9 Songs was released in 2004 and the R decision prompted some debate… but nothing has changed. The legislation still talks about “the standards of morality, decency and propriety generally accepted by reasonable adults” but those in power won’t accept that standards have changed. The ready availability of porn on the internet means that people are a lot more comfortable with sexually explicit material now. What’s more, the fact that society hasn’t disintegrated as a result of this ready availability should be a strong indicator that all the moral panic surrounding sexually explicit material was wrong.

Until someone can show empirical proof that porn causes harm, there should not be laws restricting the consumption of it.

And if Australians can be grown up enough to rent 9 Songs from Video Ezy and not go mad, why not Xana and Dax, or Chemistry or, hell, even your average Buttman nonsense gonzo.

I’m looking on the bright side. 9 Songs has given me a happy hitlist of the top 10 important things I need to include in order to get an R rating for any explicit film I make:

1. Concert footage from whiny-yet-hip bands plus a brief snippet from a classical music concert
2. Footage of a couple eating breakfast and being playful together. It helps if the guy says “I love you” while wading in freezing water.
3. “Restrained” penetration, oral and cumshots. Whatever that means.
4. Arty lighting.
5. Wandering piano music during the sex scenes.
6. Comments about Antarctica and global warming.
7. A trailer that doesn’t show very much sex.
8. A marketing campaign that focuses on the right “class” of people.
9. A constant avowal to the press and critics that “it’s not porn, it’s art.”
10. A good relationship with Margaret Pomeranz.

I must admit, I’m not saying anything new with this post. If you want to read a more researched and academic critique of the whole “porn vs art” censorship issue, visit Tony Comstock’s The Intent To Arouse. For the Australian perspective I’d recommend my friend Helen Vnuk’s book Snatched: Sex and Censorship in Australia or read her excellent article on the whole topic here. Also another one here.

Here’s the trailer for 9 Songs. As you can see, it’s pretty light on for sex.

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