Under the Video Recordings Act 1984 the Board is required to consider any harmful effect that a video work may have upon potential viewers or through their behaviour to society by the manner in which it deals with (amongst other things) violent behaviour horrific behaviour and human sexual activity. Women in Cellblock 9 contains many sequences depicting the abuse torture and humiliation of naked women. These sequences were found to be in conflict with the Board's published classification guidelines which prohibit scenes that eroticise or endorse sexual assault. The Board's strict stance on titillatory sexual violence is supported both by public opinion and by a large body of media effects research.

In addition The Protection of Children Act as amended by the Sexual Offences Act 2003 makes the distribution and showing of indecent photographs of a child under the age of 18 a criminal offence. One of the lead actresses in Women in Cellblock 9 was just over 16 at the time the film was made. The Board was in no doubt that many of the sexualised scenes involving her would therefore be illegal. Although the amendment will not take effect until May 2004 the BBFC cannot classify material which would be in circulation in breach of the Act.

The Board considered the option of cutting the work. However the quantity of scenes involving eroticised sexual violence combined with the indecent photographs of a person under 18 meant that cuts were not a viable option.