LEGAL
PROSTITUTION IN QUEENSLAND - ADVERTISING FOR PROSTITUTES PRACTISING AS SOLE
PRACTITIONERS IN QUEENSLAND
Douglas Wilson BA LL.B (Hons)
Barrister at Law
This information sheet addresses legal prostitution
in Queensland generally and what advertising can be undertaken by prostitutes
practising as sole practitioners in Queensland.
Prostitution
generally
Whilst engaging in prostitution is not in itself
unlawful
the practice of prostitution is regulated quite strictly. There are two forms of legal prostitution in Queensland; that
which is carried out at licensed brothels and that carried out by sole
practitioners privately from their residences or their clients’ residence. All other forms of prostitution are illegal,
including unlicensed brothels, street workers, two or more sex workers sharing
one premises and house calls provided by a licensed brothel.
Prostitution is governed principally by two Acts in
Queensland, the Prostitution Act 1999
(Qld) and the Criminal Code Act 1899 (Qld);
both of which create a number of different offences relating to the act and
business of prostitution. Succinctly, a
person can engage in prostitution, as a sole practitioner, as long as the
following criteria are met:-
·
The person does not
procure another person to engage in prostitution.
·
The person does not
publicly solicit for prostitution.
·
The person practices
alone and does not participate in the provision of prostitution of prostitution
by another person. (s 229H
Criminal Code)
·
The person practices
prostitution at premises by themselves, ie. Not with any other person who is
also practising as a prostitute.
·
They always use a
prophylactic for sexual intercourse and oral sex.
·
They do not offer to
provide prostitution without a prophylactic being used.
·
They do not interfere
with a prophylactic or use a damaged prophylactic.
·
They ensure that the prostitution
activity does not cause unreasonable annoyance or disruption to the privacy of
another person.
·
They do not, directly
or indirectly, cause or threaten wilful injury or damage, intimidate or harass
or make a false representation to make another person continue to provide
prostitution.
·
They do not publish
an advertisement that describes the services offered nor publish an
advertisement that is not in the approved form or on radio or
television.
·
They do not advertise
prostitution as massage services.
The relevant offence sections are reproduced in full
in Appendix A to this advice.
Advertising
The Prostitution
Act creates offences for certain types of advertising. Principally a prostitute may advertise but
that advertisement must be in the approved form and not published through radio
or television or by film or video recording.
An approved form is defined in the Prostitution
Act by section 93(4) as meaning:
(a)
if the Authority has,
for a particular advertisement, consented to a form—that form; or
(b)
if guidelines under
section 139A or a regulation provides for the form of an advertisement,
including matters that may or may not be included in an advertisement—a form
that complies with the guidelines or regulation; or
(c)
otherwise—the
approved form under section 139(2).
Section 139 grants the Commissioner of Police the
ability to approve forms for use under this Act and secondly grants the Authority,
that being the Prostitution Licensing Authority, ability to approve a form for
section 93(2).
Prior to 30 May 2008 the Prostitution Licensing
Authority considered and approved every prostitution advertisement in
Queensland. Since that date the
Prostitution Licensing Authority has developed guidelines that apply both to
advertisers of prostitution services and publishers that publish prostitution
services. Therefore any person wishing
to place or publish an advertisement for prostitution must self assess the
proposed advertisement against the guidelines and determine whether it is in
the approved form.
Section 13A of the Prostitution Regulation 2000 (Qld) governs what an approved form is
for the advertisement of prostitution. This
section of the Regulation specifically refers to matters that are included in
advertisement for prostitution for section 93(4) of the Act. Section 13A(2) provides:
13A Approved form for
advertisement for prostitution
(1) The
purpose of this section is to provide for matters to be included in an
advertisement for prostitution for section 93(4) of the Act, definition approved
form, paragraph (b).
(2) An
advertisement for prostitution must comply with the following—
(a) the
total surface area of the advertisement, other than an advertisement on the
internet or an advertisement inside premises used for prostitution that can not
be viewed or heard by a person outside the premises, must be the permitted size
or smaller;
(b) if
the advertisement is an advertisement for a licensed brothel, the advertisement
must state the business name of the licensed brothel;
(c) the
advertisement must not—
(i) contain
a photograph or image of—
(A) the
sexual organs or anus of a person; or
(B) a
sexual act or a simulated sexual act; or
(C) a
child; or
(D) an
animal; or
(ii) if
the advertisement is an advertisement for a licensed brothel—contain a
telephone number that has not been notified to the Authority; or
(iii) if
the advertisement is an advertisement for an individual prostitute—imply that
more than 1 prostitute may be available; or
(iv) advertise
any other thing without the written consent of the advertiser of the thing; or
(v) if
the advertisement is an advertisement on the internet—permit access to, or link
the advertisement with, any other website other than the website of the
Authority, the Queensland Adult Business Association, the yellow pages or a
website that is also an advertisement for prostitution;
(d) the
advertisement must not be a sticker.
(3) In
this section—
oral
sex means the bringing
into contact of any part of the sexual organs or anus of a person with any part
of the mouth of another person.
permitted
size, of an
advertisement, means the following—
(a) for
a business card—90mm in length and 55mm in width;
(b) for
an advertisement in the yellow pages—253mm in length and 215mm in width;
(c) otherwise—54cm2.
sexual
act means sexual
intercourse, masturbation or oral sex.
sexual
organs means the following—
(a) for
a female—the vagina and the mons veneris;
(b) for
a male—the penis, scrotum, testicles and mons pubis.”
The Prostitution Licensing Authority has published
guidelines about the approved forms for advertisements for prostitution on
their website. A copy of those
guidelines is contained in Appendix B to this advice. They are very extensive and sex workers who intend to advertise
must ensure strict compliance with these guidelines if they wish to avoid being
prosecuted.
The Prostitution Licensing Authority states in their
guidelines at paragraph 10 that in deciding whether a word or phrase should be
employed in an advertisement, the rule of thumb is to consider what the word or
phrase could be construed as being offensive to reasonable community standards. This is a very sensible way to approach the
self regulating aspect of advertising for prostitution services in Queensland
and one that should be applied at all times.
These guidelines are quite detailed and it may be
appropriate for law firms to formally draft and settle advertisements for prostitution
services to ensure that their clients do not fall foul of these advertising
requirements.
APPENDIX A
Criminal
Code:
“229E Meaning
of prostitution
(1) A
person engages in prostitution if the person engages, or offers
to engage, in the provision to another person, under an arrangement of a
commercial character, of any of the following activities—
(a) sexual
intercourse;
(b) masturbation;
(c) oral
sex;
(d) any
activity, other than sexual intercourse, masturbation or oral sex, that
involves the use of 1 person by another for his or her sexual satisfaction
involving physical contact.
(2) However,
a person does not engage in prostitution if—
(a) the
activity is an activity mentioned in subsection (1)(d); and
(b) the
person is providing adult entertainment under an adult entertainment permit and
is an adult and is not a person with an impairment of the mind; and
(c) the
activity is authorised under the permit.
(3) Subsection
(1) applies equally to males and females.
(4) It
does not matter, in relation to an arrangement for the provision of an activity
mentioned in subsection (1)(a), (b), (c) or (d), whether—
(a) the
arrangement is initiated with the person engaging in the provision of the
activity or a third person; or
(b) the
pecuniary or other reward under the arrangement is to be received by the person
engaging in the provision of the activity or a third person.
(5) In
this section—
oral
sex means the bringing
into contact of any part of the genitalia or anus of a person with any part of
the mouth of another person.
229H Knowingly participating in
provision of prostitution
(1) A
person who knowingly participates, directly or indirectly, in the provision of
prostitution by another person commits a crime.
Maximum penalty—
(a) for
a first offence—imprisonment for 3 years; or
(b) for
a second offence—imprisonment for 5 years; or
(c) for
a third or subsequent offence—imprisonment for 7 years.
(2) However, if a person who is not an adult or is
a person with an impairment of the mind is, to the offender’s knowledge,
engaged in the provision of the prostitution, the offender is liable to a
maximum penalty of 14 years imprisonment.
(3) Subsection
(1) does not apply to a person (the participant) who knowingly
participates, directly or indirectly, in the provision of prostitution by
another person if—
(a) the
provision of the prostitution by the other person happens at a licensed brothel
in accordance with the brothel licence for the brothel; and
(b) the
other person is an adult and is not a person with an impairment of the mind.
(4) Also,
subsection (1) does not apply to a person (also the participant)
who knowingly participates, directly or indirectly, in the provision of
prostitution by another person if—
(a) the
activity constituting the prostitution is an activity mentioned in section
229E(1)(d); and
(b) the
person engaging in the activity is providing adult entertainment under an adult
entertainment permit and is an adult and is not a person with an impairment of
the mind; and
(c) the
activity is authorised under the permit.
(5) Also,
subsection (1) does not apply to a person (also the participant)
who knowingly participates, directly or indirectly, in the provision of
prostitution by another person if—
(a) the
provision of the prostitution by the other person does not take place at a
licensed brothel, and is not otherwise unlawful under this chapter; and ‘
(b) the
participant—
(i) is
the holder of a current licence issued under the Security Providers Act 1993
for carrying out the functions of a bodyguard under that Act; and
(ii) participates
in the provision of the prostitution no more than the extent necessary for
providing services as a bodyguard; and
(c) the
other person is an adult and is not a person with an impairment of the mind.
229I Persons found in places
reasonably suspected of being used for prostitution etc.
(1) A
person who, without reasonable excuse, is found in, or leaving after having
been in, a place suspected on reasonable grounds of being used for the purposes
of prostitution by 2 or more prostitutes commits a crime.
Maximum penalty—
(a) for
a first offence—imprisonment for 3 years; or
(b) for
a second offence—imprisonment for 5 years; or
(c) for
a third or subsequent offence—imprisonment for 7 years.
(2) However,
if a person who is not an adult or is a person with an impairment of the mind
is, to the offender’s knowledge, in the place at the time of the offence, the
offender is liable to a maximum penalty of 14 years imprisonment.
(3) In
sentencing an offender who is a prostitute or client, the court may, in
mitigation of sentence, have regard to evidence of an appropriate sexual health
check undergone by the offender within 3 months before the offence.
(4) Subsection
(1) does not apply to a person (the relevant person) if the place
is a licensed brothel, unless—
(a) if
the relevant person, without reasonable excuse, is found in the place—a person
who is not an adult or who is a person with an impairment of the mind is, to
the relevant person’s knowledge, also in the place; or
(b) if
the relevant person, without reasonable excuse, is found leaving after having
been in the place—a person who is not an adult or who is a person with an
impairment of the mind was, to the relevant person’s knowledge, also in the
place when the relevant person was in the place.
229K Having an interest in
premises used for prostitution etc.
(1) In
this section—
interested
person, in relation to
premises, means a person who—
(a) owns,
leases, rents or otherwise has an interest in premises; or
(b) is
entitled to occupy or use premises; or
(c) controls
an entity that—
(i) owns,
leases, rents or otherwise has an interest in premises; or
(ii) is
entitled to occupy or use premises.
(2) A
person who—
(a) is
an interested person in relation to premises; and
(b) knowingly
allows the premises to be used for the purposes of prostitution by 2 or more
prostitutes;
commits a crime.
Maximum penalty—
(a) for
a first offence—imprisonment for 3 years; or
(b) for
a second offence—imprisonment for 5 years; or
(c) for
a third or subsequent offence—imprisonment for 7 years.
(3) However,
if a person who is not an adult or is a person with an impairment of the mind
is, to the offender’s knowledge, in the premises at a time of the offence, the
offender is liable to a maximum penalty of 14 years imprisonment.
(3A) Subsection
(2) does not apply to an interested person in relation to a licensed brothel.
(3B) However,
subsection (3A) does not apply if, to the interested person’s knowledge, a
person who was not an adult or who was a person with an impairment of the mind
was in the premises when the interested person was allowing the person to be
using the premises for prostitution.
(4) A
person allows premises to be used for the purposes of prostitution if the
person—
(a) knowingly
permits the premises to be used for the purposes of prostitution; or
(b) knowing
that the premises are being used for the purposes of prostitution, fails to
take every reasonable step to stop that use.
(5) A
police officer may serve on a person who is an interested person in relation to
premises a written warning to the effect that the premises are being used for
the purposes of prostitution by 2 or more prostitutes.
(6) In a
prosecution against the interested person mentioned in subsection (5), or
another person aware of the warning, for an offence against subsection (2),
evidence of the warning and its contents are admissible against the defendant.
(7) If a
person who is an interested person in relation to premises—
(a) is
served with a warning under subsection (5) in relation to the premises; or
(b) otherwise
has reasonable grounds to suspect that the premises are being used for the
purposes of prostitution by 2 or more prostitutes;
the person may, by writing served on an occupier or
user of the premises, require the occupier or user to leave the premises not
later than 7 days after the service of the notice and not return.
(8) A
person who, without reasonable excuse, contravenes a requirement made of the
person under subsection (7) commits a crime.
Example of
reasonable excuse—
If the premises
concerned were not used for the purposes of prostitution by 2 or more
prostitutes, the person has a reasonable excuse for failing to comply with the
requirement.
Maximum penalty—imprisonment for 7 years.”
Prostitution
Act
73 Public soliciting for purposes
of prostitution
(1) A
person must not publicly solicit for prostitution.
Maximum penalty—
(a) for
a first offence—15 penalty units; or
(b) for
a second offence—25 penalty units; or
(c) for
a third or subsequent offence—30 penalty units or 6 months imprisonment.
(2) A
person publicly solicits for prostitution if, for that purpose, the person—
(a) solicits
a person who is in a public place; or
(b) solicits
a person at a place within the view or hearing of a person who is in a public
place; or
(c) loiters
in or near a public place; or
(d) loiters
in a place that can be viewed from a public place.
(3) Subsection
(1) applies equally to—
(a) males
and females; and
(b) prostitutes
and their clients; and
(c) persons
acting for prostitutes; and
(d) persons
acting for clients of prostitutes.
(4) In
this section—
solicit
includes the
following—
(a) offer
to provide prostitution;
(b) accept
an offer to provide prostitution.
76 Nuisances connected with
prostitution
(1) This
section applies to conduct—
(a) that
happens in the vicinity of a place that is reasonably suspected of being used
for prostitution; and
(b) that,
to a significant extent, is caused by the presence, or suspected presence, of
prostitution at the place.
(2) A
person must not—
(a) cause
unreasonable annoyance to another person; or
(b) cause
unreasonable disruption to the privacy of another person.
Maximum penalty for subsection (2)—
(a) for
a first or second offence—15 penalty units; or
(b) for
a third or subsequent offence—25 penalty units.
77A Prostitute providing sexual
intercourse or oral sex without a prophylactic
(1) A
prostitute must not provide prostitution involving sexual intercourse or oral
sex unless a prophylactic is used.
Maximum penalty—100 penalty units.
(2) A
prostitute must not offer to provide prostitution involving sexual intercourse
or oral sex without a prophylactic being used.
Maximum penalty—100 penalty units.
(3) A
person must not—
(a) ask
a prostitute to provide prostitution involving sexual intercourse or oral sex
without a prophylactic being used; or
(b) accept
an offer from a prostitute to provide prostitution involving sexual intercourse
or oral sex without a prophylactic being used; or
(c) obtain
prostitution involving sexual intercourse or oral sex unless a prophylactic is
used.
Maximum penalty—100 penalty units.
(4) A
person obtaining prostitution involving sexual intercourse or oral sex must
not—
(a) interfere
with the efficacy of a prophylactic used by the person; or
(b) use,
or continue to use, a prophylactic that the person knows, or could reasonably
be expected to know, is damaged.
Maximum penalty—100 penalty units.
(5) A
person who is a licensee or an approved manager of a licensed brothel must, for
any period the licensed brothel is being used to provide prostitution, take
reasonable steps to ensure that—
(a) a
person does not provide or obtain prostitution involving sexual intercourse or
oral sex at the licensed brothel unless a prophylactic is used; or
(b) a
person does not offer to provide, or ask a prostitute to provide, prostitution
involving sexual intercourse or oral sex at the licensed brothel without a
prophylactic being used.
Maximum penalty—120 penalty units.
(6) A
person who is a licensee or an approved manager of a licensed brothel must not
discourage the use of prophylactics at the brothel.
Maximum penalty—120 penalty units.
(7) In
this section—
interfere
with includes the
following—
(a) misuse;
(b) damage.
oral
sex has the meaning given
by the Criminal Code, section 229E(5).
prophylactic
means a condom or
other device that is adequate to prevent the transmission of a sexually
transmissible disease.
sexual
intercourse has the meaning given
by the Criminal Code, section 229D.
93 Advertising prostitution
(1) A
person must not publish an advertisement for prostitution that describes the
services offered.
Maximum penalty—70 penalty units.
(2) A
person must not publish an advertisement for prostitution that is not in the
approved form.
Maximum penalty—70 penalty units.
(3) A
person must not publish any advertisement for prostitution through radio or
television or by film or video recording.
Maximum penalty—70 penalty units.
(4) In
subsection (2)—
approved form means—
(a) if
the Authority has, for a particular advertisement, consented to a form—that
form; or
(b) if
guidelines under section 139A or a regulation provides for the form of an
advertisement, including matters that may or may not be included in an
advertisement—a form that complies with the guidelines or regulation; or
(c) otherwise—the
approved form under section 139(2).
95 Advertising prostitution as
massage services
(1) A
person providing prostitution must not hold out or publish an advertisement
that states, directly or indirectly, that the person’s business provides or is
connected with massage services.
Maximum penalty—40 penalty units.
(2) In
this section—
business
of a person means the
business of a licensed brothel or of an individual prostitute.”
APPENDIX B
Guidelines
about the Approved Form for Advertisements for Prostitution
Section 139A, Prostitution Act
1999
1 INTRODUCTION
1.1 The Prostitution Act 1999 (the Act) provides for prostitution advertising.
It is an offence to publish an advertisement for prostitution if it is not in
the approved form. Section 93(4) of the Act refers to the approved form. Generally,
an approved form of advertising is a form approved by the PLA specifically, a
form provided for under guidelines issued by the PLA, or an advertisement that
complies with a regulation. Section 13A of the Prostitution Regulation 2000 prescribes the matters that may and may NOT be
included in an advertisement for prostitution.
1.2 These guidelines include the matters dealt with
under s. 13A of the Prostitution Regulation and may be used by any person who
wishes to place an advertisement for publication as well as print publishers
and website developers.
1.3 These guidelines are intended to provide a
clear, simple and concise explanation of what constitutes an approved form of
advertising (and conversely, what does not). The guidelines utilise explicit
and forthright language, which is necessary for them to be of practical use to
the sex industry and publishers. The guidelines are intended for a discrete and
defined audience, and are not intended for dissemination amongst the general
public.
1.4 These guidelines replace the PLA’s Advertising
Policy for Licensed Brothels and the Advertising Policy for Sole Operators,
including the list of approved words.
1.5 The PLA is no longer required to consider every
prostitution advertisement. Anyone wishing to place or publish an advertisement
must self-assess the proposed advertisement against the guidelines and thereby
determine whether the advertisement is in the approved form. A limited number
of advertisements may still need to be submitted to the PLA for approval. These
advertisements are specified throughout the guidelines.
1.6 Henceforth, all advertisements are to be
self-assessed, unless these guidelines specifically require an advertisement to
be submitted for approval of the PLA. The role of the PLA will be to provide
advice on the application of these guidelines. Under no circumstances will the
PLA accept advertisements for approval, unless approval by the PLA is expressly
required under the guidelines.
1.7 Changes to advertisements approved by the PLA
prior to the commencement of these guidelines do not need to be resubmitted to
the PLA if a change is made to the approved advertisement and the change is in
the approved form under these guidelines. For example, if a change of operating
hours is made or a new photo or graphic is used, the change must be assessed
against the guidelines and if the change falls within these guidelines, the
advertisement may be considered to be in the approved form.
1.8 The guidelines may be replaced or varied by a
later guideline issued under section 139A of the Act.
1.9 The guidelines will commence operation on 30
May 2008.
2 LEGISLATIVE FRAMEWORK
Prostitution Act 1999
S139A. The PLA may issue guidelines about the approved form foradvertisements for prostitution.
S93(2) A person must not publish an advertisement
for prostitution that is notin the approved form.
S93(4) Approved form means:
(a) if the Authority has, for a particular
advertisement, consentedto a form - that form; or
(b) if guidelines under s139A or a regulation provides
for the formof an advertisement, including matters that may or may not
beincluded in an advertisement – a form that complies with theguidelines or
regulation; or
(c) otherwise the approved form under s139 (2)
S93(1) A person must not publish an advertisement
for prostitution that describes the services offered.
S93(3) A person must not publish any advertisement
for prostitution through radio or television or by film or video recording.
S94 A person must not publish a statement intended
or likely to induce aperson to seek employment as a prostitute.
S95(1) A person providing prostitution must not
hold out or publish anadvertisement that states, directly or indirectly, that
the person’sbusiness provides or is connected with massage services.
Business of a person means the business of a licensed
brothel or ofan individual prostitute.
The maximum penalty for advertising offences is 100
penalty units. The value of a penalty unit is set out in s. 5 of the Penalties and Sentences Act
1992.
3 SCOPE
3.1 An advertisement includes: a notice, a sign, a
circular, or a matter that is not in writing but which conveys a message
because of the form or context in which it appears.
Note: This includes posters, stubby holders, cups/mugs, clothing, pamphlets
andother similar things.
3.2 “Publish” an advertisement or statement means
publish, or cause to be published, in any way including by newspaper, internet,
periodical, notice, sign or circular or through radio or television or by film
or video-recording.
Note: Publish also includes text messaging generated by a
server or similar, for the purposes of advertising prostitution services.
3.3 Advertising signage for prostitution services
is prohibited unless it is – a) located on brothel premises or b) located in
18+ venues with the permission of the relevant venue or c) provided for under
these guidelines.
3.4 Advertising signage intended for the brothel
premises is regulated by the IDAS Code for Development Applications and/or
relevant local laws. Refer to your Local Government Town Planning Department.
Content of signage must comply with these guidelines.
3.5 Automated and unsolicited short messaging
services (SMS) which convey information to a person are considered advertising
for the purposes of the Act.
3.6 All advertisements for prostitution published
in Queensland must comply with these guidelines. This includes prostitution
advertisements for interstate brothels and sex workers.
3.7 Where advertisements for interstate brothels
and sex workers are published in Queensland, they must not include matters
which are illegal in Queensland.
3.8 The PLA has the right to consider any published
prostitution advertisement and set-aside any previous approval or consent given
by the PLA.
3.9 The word “brothel” in these guidelines refers
to a licensed brothel in Queensland, or a lawful interstate brothel.
3.10 Approved form includes the size and
content (photos, drawings, and wording) of the advertisement. Content will be
determined based on where the advertisement is to be published. For example, an
advertisement for an adult only publication may not be appropriate for general
print publication.
3.11 Publishers must ensure that prostitution
advertisements comply with these guidelines.
4 PROHIBITED
ADVERTISING
4.1 Advertising that is not in the approved form is
prohibited.
Medium
4.2 Advertisements for prostitution published
through radio or television or by film or video recording are not permitted.
Note: Digital recordings may only appear on a
prostitution website (as defined in 9.2 of the guidelines).
4.3 Promotional signage on motor vehicles or other
forms of transport are not permitted. Example: buses, taxis, trailers,
limousines, etc.
4.4 Stickers are not permitted.
4.5 Advertising by bill board/A-frame/sandwich
board and the like, is not permitted.
4.6 Advertising by sky writing is not permitted.
4.7 Advertising for brothels appearing in a print
directory, such as the Yellow™ print directory, must not appear in a section
exclusively used to advertise escort services.
Cross Promotion
4.8 Sponsorship of any sporting or corporate event,
club, public event, exhibition or other event is not permitted.
4.9 Website links appearing on an internet
prostitution advertisement are not permitted unless the link is a website link
to the PLA, the Queensland Adult Business Association, an online directory, an
advertisement for legal prostitution, another licensed brothel, a Government
funded industry support agency or a lawful business provided permission has
been given by the lawful business.
Note: Website links other than those specified in 4.9 may be allowed provided
they have approval from the PLA.
4.10 Trade promotion or any other type of art union
advertisements offering sexual services as a prize, are prohibited.
4.11 Prostitution advertisements which include the
advertisement of another thing are prohibited unless the person responsible for
the thing has consented to inclusion in the advertisement.
For example: a prostitution advertisement which includes the
offer of a discount voucher for a shop must have the written consent of a
person who is responsible for the shop.
Size
4.12 Business cards larger than 90mm in length and
55mm in width are not permitted.
4.13 In relation to print directories, prostitution
advertisements larger than 253mm inlength and 215mm in width are not permitted.
4.14 Print media advertisements (other than
advertisements in print directories,
which are addressed separately in 4.13) larger than
half a page in size are not
permitted unless the advertisement has been
provided for under these
guidelines or has been approved by the PLA.
Note: Larger sized advertisements are allowed provided they have been
submitted to the PLA for consideration and have approval from the PLA.
Content
4.15 Advertisers and publishers should consider if
a proposed word or phrase could be construed as offensive to reasonable
community standards (publishers should think in terms of their average
reasonable readership) and if it is the case that it can be construed as
offensive the word or phrase should be rejected.
4.16 Advertisements describing or referring to body
fluids or body waste are not permitted. Example: tasty, juicy, sweet nectar,
dripping wet, cum, lactating, Mistress Squirt A Lot, pee and the like.
4.17 The only description of genitals that is
permissible is in relation to whether a male has been circumcised. In this
respect, the only acceptable words are “cut” and “uncut”. All other
descriptions of genitals are prohibited. Example: length of penis.
4.18 “Genitals” have their ordinary dictionary
meaning. That is, a reference to the reproductive organs.
4.19 Advertisements referring to drugs and drug use
are prohibited.
Note: References to “drug free” are allowed.
4.20 Section 93(1) of the Act specifies that
advertisements for prostitution must not describe the services offered.
Note 1: References to nationality are only allowed if they
refer to the nationality of the sex worker. For example – “Greek Goddess”,
“Spanish Beauty”, “Asian Stunner”, “French Supermodel”, etc.
Note 2: References to sexuality are allowed. For example –
gay, transgender, sex change, she-male, female impersonator, bi-sexual, etc.
Note 3: Prostitution advertisements which include pictures
of tools of trade for Bondage & Discipline, Sadism & Masochism and Cock
and Ball Torture services are prohibited in general publications. Approval for
such pictures on websites or in classifiable publications must be sought from
the PLA. For example, photos including whips, etc must have the approval of the
PLA.
Note 4: Words that do not directly describe the services
offered may be used in a prostitution advertisement. Example: fetish, fantasy,
role play, sensual touch, exotic relaxation, magic hands, stress relief, girl
friend experience, rejuvenating, sensuous service, Mistress, Master,
Submissive, passive, dominatrix, double pleasures (brothels only), intimate
touch/es, kinky, hard core, man action and straight-acting.
4.21 Advertisements must not imply that sex workers
are under the age of 18 years, or are virgins.
For example: “young”, “student”, “girl”, “boy”, “fresh”,
“newcomer to the industry”, “chick”, “beginner” and “never been touched” are
prohibited.
Note 1: The use of the words “young”, “student”, “girl”,
“boy”, or “chick” is permissible when used in conjunction with an age that is
at least 18, because it makes explicit that the sex worker is at least 18 years
of age.
For example: 22 year old student, or 18+ girl.
Note 2: As a description of self, the word “youthful” may
be used in a combination of words not intended to imply that a sex worker is
under the age of 18 years, or a virgin. For example, “youthful looking 40 year old”.
4.22 Brothel advertisements which include mobile
phone numbers are prohibited unless the mobile phone number refers to an
automated SMS text message service.
4.23 Prostitution advertisements which contain an
image (including caricatures or cartoons) of a person, which render that person
child-like in appearance, are prohibited, unless immediately accompanied by a
statement that the person depicted is at least 18 years of age.
4.24 Brothel advertising is prohibited unless:
a) the advertisement includes the name of the licensed brothel as it appears on
the brothel licence; or
b) the name of the brothel; and
c) the name of the licensed brothel/brothel is prominent.
4.25 Advertisements referring to discount offers at
brothels are not permitted unless the advertisement explicitly states that the
discount is in respect of room hire only. See also 5.3.
Unlawful activity
4.26 Advertisements which imply that unsafe sex
(that is, sexual intercourse or oral sex without the use of a prophylactic)
will be provided are prohibited.
For
example: use of words “natural”,
“bareback”, “basic”, “skin to skin”, “kissable”, and the like are prohibited.
Note 1: References to natural are only allowed as a
physical description of self. Example: “natural blonde” or “natural 36DD bust”.
Note 2: Advertisements which include statements about safe
sex are allowed. Example: safe sex practices only or condoms must always be
used.
4.27 Advertisements which may hold out or include a
statement intended or likely to induce a person to seek employment as a
prostitute are prohibited, in accordance with s. 94 of the Act.
4.28 Advertisements for brothel staff are prohibited unless they include the
title of the position, and are published in the positions vacant/employment
section or the equivalent. The position title must not imply that the position
is for a sex worker. For example, the use of the word ‘hostess’ is prohibited.
4.29 Prostitution advertisements which infer that
prostitutes do not have a choice in the services they provide are prohibited.
4.30 Consistent with s. 95(1) of the Act, any
prostitution advertisement that states directly or indirectly that the person’s
business is connected with or provides massage services, is prohibited. “Business”
of a person means the business of a licensed brothel or of an individual
prostitute. References to professional memberships or qualifications in massage
or massage therapies are prohibited.
Note: By way of example, the following words are
acceptable: sensual touch, intimate touch, exotic relaxation, magic hands,
stress relief, rejuvenating, rejuvenating experience, rejuvenating treatment,
sensuous service, quality treatment, quality relaxation, quality rejuvenation,
quality care, relaxing treatment, relaxing experience, soothing treatment,
caring experience.
4.31 Brothel advertisements must not directly or
indirectly state that the brothel is associated with escort services. Brothel
web sites which appear on a host web site advertising escort services must not
hold out or claim that escorts services are available from the brothel. This is
consistent with the prohibition on escort services (out calls) from licensed
brothels under s. 78(1)(a) of the Act.
4.32 Brothel advertisements which imply that more sex
workers are available at any one time than the law permits in Queensland are
not permitted. Section 78(2) of the Act limits the number of sex workers who
can be at a licensed brothel, dependant on the number of rooms. Under Schedule
3 of the Act, if there is one room the maximum number of sex workers allowed is
two, if it is two rooms it is three sex workers, if it is three rooms it is
four sex workers, if it is four rooms it is six sex workers, and if it is five
rooms it is eight sex workers.
4.33 Sole operator advertisements which imply that
more than one sex worker is available are prohibited.
Images- All advertising
4.34 Advertisements must not contain an image of
the following:
|
Prohibited
|
Acceptable Solution
|
|
The sexual organs or anus of a person or frontal
nudity of the genital region and mons veneris/mons pubis region.
|
All advertisements, general print media, websites
and classifiable print media etc must meet this standard.
Further requirement for general print media 1. - in respect of rear nudity – at a minimum, a
G-string or other effective cover that is non transparent must be worn.
Further requirement for general print media 2. - in respect of frontal nudity – an effective,
non-transparent cover of the genital and pubic region.
Further requirement for general print media 3. - genital definition via pose or tight fitting
clothing is not acceptable.
|
|
A sexual act or simulated sexual act
|
No acceptable solution.
|
|
A person under the age of 18 years
|
No acceptable solution.
|
|
An Animal
|
No references or implication to bestiality. Note:
Pictures of bunnies at Easter time, reindeer at Christmas time, walking a
dog on a beach or an animal as part of an approved logo, etc are allowed.
|
|
Pictures, drawings or references to alcohol,
drugs, drug use, unsafe sex, underage sex, sexual activity or acts of
violence.
|
No acceptable solution.
|
|
Pictures, drawings or references to fetishism are
prohibited.
|
Approval from the PLA for websites or
classifiable publications.
|
|
Weapons or any thing that may inflict pain
|
Approval from the PLA for websites or
classifiable publications.
|
|
Bare breasts
|
Bare breasts are only acceptable on websites and
in classifiable publications.
|
5. SPECIFIC INFORMATION FOR
PRINT PUBLICATIONS
5.1 Print publications include newspapers,
magazines, print directories, newsletters, brochures, flyers and other printed
publications for general distribution.
5.2 Only prostitution advertisements appearing in
classifiable publications may contain images of bare breasts. Such images are
prohibited in general print publications.
5.3 Print publications must not contain the price
of sexual services.
Example: $160 per half hour or $200 per hour.
6 SPECIFIC INFORMATION FOR
PRINT DIRECTORY ADVERTISEMENTS
6.1 Prohibitions described by section 4 apply.
6.2 For sole operator sex workers, advertisements
in print directories may be placed under a heading which relates to adult
entertainment and services, or escort services.
6.3 Escort services from brothels are illegal in
Queensland. Accordingly, it is prohibited for brothel advertisements to appear
under a heading that is used exclusively for escort services because it could
be taken to imply that escorts are available from brothels. Advertisements for
brothels should appear under a heading which relates to adult entertainment and
services, or a heading which is not used exclusively for escort services.
6.4 Print directory advertisements larger than
253mm in length and 215mm in width are prohibited.
7 SPECIFIC INFORMATION FOR
BUSINESS CARDS
7.1 Prohibitions described by section 4 apply.
7.2 Business cards must be no larger than 90mms x
55mms.
7.3 Licensed brothels only: Business
cards may only advertise the brothel name, brothel address, phone number, fax
number, approved by-line or logo, e-mail or web address. Business cards may
also include a small map of the surrounding area and access roads.
Note: Other information may be allowed on business cards provided that it has
been considered and approved by the PLA.
8 SPECIFIC INFORMATION FOR
MERCHANDISING
8.1 Prohibitions described by section 4 apply.
8.2 Merchandise, and corporate gifts including
clothing and items of property such as mugs, pens, stress balls, etc. may only
be distributed from the licensed brothel premises, and 18+ adult entertainment
venues or events. Example: Sexpo, adult shops, and strip clubs.
8.3 The only information permitted to appear on
these items is the brothel name, brothel address, brothel website address and
land line phone number/s.
Note: Other information may be allowed provided that it has been considered
and approved by the PLA.
9 SPECIFIC INFORMATION FOR
INTERNET ADVERTISING
9.1 Prohibitions described by section 4 apply.
9.2 A prostitution website is a website concerned
wholly or mainly with prostitution advertising. For example, a website for a
licensed brothel.
9.3 For the purpose of these guidelines, the entire
content of a prostitution website is taken to be an advertisement for
prostitution, and accordingly must be in the approved form.
9.4 Prostitution websites must indicate that they
are restricted to persons who are 18 years or over.
9.5 Only prostitution advertisements on the
internet may state the sexual services that WILL NOT be provided. Example: no
anal sex, no full service.
10 SPECIFIC INFORMATION FOR
AUTOMATED AND UNSOLICITED SMS TEXT MESSAGE ADVERTISING
10.1 Prohibitions described by section 4 apply.
10.2 Automated and unsolicited prostitution
advertising sent via SMS text message
must be in the approved form and comply with these guidelines.
11 OTHER PROSTITUTION
ADVERTISEMENTS
11.1 All other prostitution advertisements not
dealt with under these guidelines must
be submitted to the PLA for consideration prior to
publication.
