An Overview of Legalising Prostitution in Thailand

In March 2023, Thai lawmakers drafted a law proposing the legalisation of engagement in prostitution for anyone aged 20 or above. The proposed legislation has initially been called the Draft Act for the Protection of Sexual Services B. E. The proposed legislation will expectedly replace the existing Prevention and Suppression of Prostitution Act, B. E. 2539, enacted in 1996, that criminalises and penalises those who are involved in the provision of commercial sex services. Thailand and Cambodia have been internationally recognised as among the world’s largest sex tourism, sexual exploitation, sex trafficking, child pornography and prostitution hubs. In 2014, some one-third of all inbound international visitors entering Thailand were expected to be sex tourists—those travelling primarily to satisfy their sexual needs. In this chapter, the author, first, briefly outlines the origins of sex tourism and prostitution in Thailand. The author highlights how, to date, the problems of prostitution have remained profound, despite the criminalisation of sex work. The author notes that neither can Thailand pragmatically practise a zero-tolerance stance against prostitution (primarily due to severe police corruption and its heavy reliance on the sex tourism economy to support the national economic growth) nor is Thailand willing to fully crack down on the domestic sex industry (due to economic and cultural concerns). The author delineates how legalising and decriminalising prostitution, along with continuing to implement policies and interventions that alleviate the root causes of prostitution, can help Thailand build a more inclusive society and a less-prostitution-reliant economy in the long term.