Advertising of sexual services

Royal Decree implementing Article 433c/2 of the Criminal Code

The draft Royal Decree aims to regulate the advertising of sexual services disseminated either online (oninternet platforms) or offline (written press).

On 1 June 2022 the new Sexual Criminal Code entered into force, including a decriminalisation of sex work.
Under the new Sexual Criminal Code (Article 433c/2), the advertising of prostitution is only permitted onInternet platforms, newspapers or magazines “specifically provided for this purpose”.
The draft Royal Decree sets out the applicable framework and the manner in which the advertising ofprostitution may be authorised. Providers, which disseminate advertising on internet platforms or any othermedium or part of support, will be authorised provided that they undertake to report to the police immediatelyany exploitation cases of which they are aware.
In addition, providers (of advertising space) will have to comply with certain measures such as providing sexworkers with useful information to ensure their protection, as well as certain measures to prevent and detectabuses related to prostitution and trafficking in human beings.