SEX WORK AND THE LAW - HIV/AIDS Data Hub

If sex work is conducted in a ‘prostitution establishment’, sex workers may be fined or
jailed under Section 6. Section 6 provides that whoever associates with another person
in a prostitution establishment for the benefit of prostitution of that person or of another
person shall be punished with imprisonment not exceeding one month, or a fine not
exceeding one thousand baht, or both.
Section 7 provides an offence for advertising oneself or another person as a sex worker.
Technically it may be legal for an individual to sell sex in a private place and in a private
manner (e.g., a customer’s hotel room), 546 but the provisions of the Act relating to soliciting
and prostitution establishments are so broad that virtually all forms of sex work are in
effect illegal. During consultations, some informants submitted that police could consider
any private place to be a prostitution establishment.
Under the Act, courts have the power to order rehabilitation at a Protection and
Occupational Development Centre as an alternative to punishment. 547 When the offender
is not over eighteen years of age, and the Court, having considered his or her former life,
conduct, psychological state, education and training, health, mental condition, occupation
and environment, is of the opinion that punishment is inappropriate and should be
replaced by commission of the offender to protection and occupational development,
the Department of Public Welfare shall admit the offender to care. If the offender is over
eighteen years of age and wishes to receive protection and occupational development
and the Court deems it appropriate, the Department of Public Welfare shall admit the
offender for the purpose of committing such person to care.
The Act also prohibits procuring sex workers (even with their consent), 548 pimping and
managing sex work businesses or establishments. 549 The Act criminalizes the acts of
recruiting or arranging the prostitution of others for profit and imposes harsh penalties
for any employers, entertainment places and/or customers who profit from, or engage in,
the sexual abuse of minors. 550
Entertainment Places Act B.E. 2509 (1966)
The Entertainment Places Act regulates massage parlours, karaoke bars, bathhouses and
similar establishments. The Act does not permit sex work. The Act provides the owners of
entertainment places with an opportunity to legitimize their business through registration
or licensing. Under the Act owners are required to register their premises and employees
with the police. This requires workers to provide their history of employment. The Empower
Foundation stated that this involves workers providing the police with a detailed family
history, fingerprints and photos. There are no provisions for working conditions, labour
rights or health and safety standards under the Act. In 2006 it was estimated that only
about 30 percent of entertainment places were licensed. 551
The Entertainment Places Act B.E. 2509 (1966) was amended in 2003. 552 The Amendment
extended the definition of a ‘Place of Entertainment’ to cover more types of places,
546 Finch J., Tangprasit N., Sex crimes – prostitutes and the clients, Bangkok Post, 1 May 2011, p.21.
547 Sections 34-37.
548 Section 9.
549 Section 11.
550 Section 8.
551 Cameron L. (2006) Sexual Health and Rights: Sex Workers, Transgender People & Men Who have Sex with
Men – Thailand, New York: OSI, p.40.
552 See: Mayer Brown Practices, Amendments to the Places of Entertainment Act, 19 April 2004.
156