Online advertising of prostitution

The rules surrounding online advertising of prostitution in Belgium are found in the Criminal Code. Article 433quater/2 Criminal Code, which came into force on June 7, 2024, provides a framework in which online advertising of prostitution is permitted under certain conditions.

Article 433quater/2 defines the limits of what is permissible in the context of advertising prostitution, specifically targeting adult sex workers. In principle, advertising prostitution is prohibited, but the law provides exceptions for specific cases, under strict conditions.

What does advertising for prostitution entail?

Advertising prostitution is:

• advertising, publishing, distributing or disseminating by any means whatsoever, directly or indirectly, an offer of services of a sexual nature by an adult, even if the offer is concealed under veiled terms;
• making known by any means of advertising, whether express or implied, that an adult is being prostituted;
• facilitating by any means of advertising, whether express or implied, the prostitution of an adult

General rule and exceptions

Advertising prostitution of a minor is absolutely prohibited.

Advertising prostitution of an adult is also prohibited, although the law introduces three important exceptions. Advertising sexual services is permitted in the case of:

1. Advertising behind a window in a space specifically for prostitution: These are traditional forms of advertising where sex workers work in a physical space legally designated for prostitution.
2. Online advertising of own sexual services: An adult sex worker may advertise their own services on Internet platforms or other media specifically for this purpose. However, these platforms must meet strict conditions (see below).
3. Internet platforms that publish advertising for prostitution : Internet platforms created specifically to publish ads for sexual services must comply with a number of obligations.

The obligations of online platforms

An important aspect of the new legislation is the responsibility placed on Internet platforms that allow sexual advertisements. These platforms must not only provide the right environment for advertising, but also ensure that sex workers are protected from abuse and exploitation. The measures these platforms must take include:

1. Protection of the sex worker: Platforms are required to provide information useful to the sex worker to carry out her or his activity safely. This could include safety tips, legal rights, and ways to recognize and report abuse.
2. Prevention of abuse and human trafficking: Platforms should be vigilant for signs of exploitation and human trafficking. They are obliged to immediately report cases of possible abuse or exploitation to police forces or judicial authorities. This is only one of the measures to be taken; platforms can also take other preventive actions to prevent abuse.
3. Verification of age: It is essential that platforms build in verification processes to ensure that sex workers using the platform are of legal age. This is a core requirement of the law and a crucial measure to protect minors.
4. Rules regarding processing of personal dataPlatforms must also comply with strict rules regarding the processing of personal data. Only certain categories of data, such as the identification of the advertiser or the provider of sexual services and data relating to the placement of the ad, may be collected. These data cannot be kept for more than three years, and the specific rules around processing are laid down by Royal Decree.

Sanctions for non-compliance

Failure to comply with the above obligations can result in prison sentences of one month to one year and fines ranging from €100 to €1,000. These penalties underscore the seriousness with which the government wants to hold online platforms accountable for ensuring a safe environment for sex workers.

Conclusion: a delicate balance between security and freedom

The amendments to Article 433quater/2 of the Criminal Code reflect the need to protect sex workers in a digital world without curtailing their freedom. By making online platforms responsible for taking security measures, the legislature aims to strike a balance between the right of sex workers to promote their services and the protection of vulnerable individuals from abuse and human trafficking.

Are you a sex worker who advertises online, or do you operate a platform that allows such ads? It is crucial to be fully aware of the legal obligations. Our law firm has deep expertise in this area and can guide you to comply with legal requirements and avoid penalties. We are ready to assist you with tailored legal support and advice.