THAILAND. Decriminalising sex work needs clarity

The world’s oldest profession has always been a taboo subject in Thai society, even in our politics so it was encouraging to see at least five political parties -- the Pheu Thai Party, the People’s Party, the Movement Party, the Thai Sang Thai Party, and the Democrat Party -- agree that the current Prevention and Suppression of Prostitution Act B.E. 2539 (1996) needs to be repealed.

Their reasons are valid.

This law is unrealistic and counterproductive. Despite the scale of the sex industry in Thailand, sex work remains criminalised under the Prevention and Suppression of Prostitution Act 1996.

Make no mistake: Policymakers and politicians have long had a goal -- albeit a distant one -- of decriminalising prostitution. In October 2023, sex work was classified as a "regulatory offence", a move framed as a pretext to promote decriminalisation.

This term means sex workers breach government regulations rather than traditional criminal law, which is often focused on public safety or administration rather than moral wrongdoing.

Under the new regulation, only officials from the Ministry of Social Development and Human Security can impose fines.

In reality, this legal concept has not led to meaningful change.

Sex workers are often exploited by officials through extortion and bribes, as the legal status of the job remains grey. Issues of unfair pay, overwork, and abuse by both employers and clients have often gone unaddressed.

A law that has been used for three decades clearly needs updating. It does not reflect the reality of Thailand, where sex workers are part of the economy. Their services are linked to tourism, which brings revenue into the country.

In the upcoming national election, these five parties have included policies aimed at improving the lives and legal status of sex workers in Thailand.

The Pheu Thai Party promises to enable sex workers to access social welfare under labour laws.

The People’s Party promises to decriminalise sex workers and improve their rights. The party also pledges to push for an Anti-Discrimination Bill.

The Movement Party -- the newly formed party led by veteran international human rights expert Kannavee Suebsaeng -- advocates the decriminalisation of sex workers. Mr Kannavee vows to bring sex work under the protection of the International Labour Organization’s Recommendation No.204, helping sex workers enter the formal economy.

The Thai Sang Thai Party supports decriminalisation and focuses on raising social awareness.

The Democrat Party agrees that the Prevention and Suppression of Prostitution Act 1996 has failed to reduce crimes such as trafficking and instead creates grey markets and bribery. The party focuses on tackling human trafficking, which is closely linked to the sex industry. On the economic front, it supports policies that would allow sex workers to work under proper and fair contracts.

Regrettably, these electoral pledges form only a small part of broader campaign promises put forward by candidates and political parties. Most focus on bread-and-butter issues such as social welfare for workers -- from which sex workers are often excluded -- wage hikes, cash stimulus measures, and, of course, political reform.

This was evident in the response to the forum titled "Sex (Worker) and the City", organised by the Service Workers in Group Foundation (SWING Foundation). The forum, held on Jan 26 at Soi Cowboy -- one of Thailand’s most famous red-light districts, alongside Patpong and Nana -- was organised by civic groups advocating equal rights for sex workers.

It goes without saying that while the organisers extended invitations to every political party, only these five attended.

I truly welcomed these five parties’ genuine interest in improving protection for Thai sex workers, even if some of the promises remain largely aspirational. Simply showing up at a small forum like this speaks volumes and means a great deal to the community.

Despite sensing their genuine interest in improving sex workers’ welfare, I still have many doubts.

When politicians and experts talk about "sex workers", they often mean full-time sex workers. However, defining sex work as only a full-time and static job does not reflect reality, where sex work can occur at various points along the supply chain.

A classic example is masseurs. Officially, they earn a living providing massage services. In reality, some may offer sexual services occasionally when facing financial hardship.

Even office workers may moonlight as sex workers when they face financial constraints. Are they considered sex workers, freelance sex workers, or neither?

Based on these examples, if the next government is sincere about decriminalising or legalising the world’s oldest profession, lawmakers must first clear all doubts before defining who qualifies as a sex worker -- and who does not.

The nature of this profession is complex and flexible.

Moreover, when discussing "sex work", it is necessary to clearly define what types of work fall under this term.

I raise this because when "sex work" is used as an umbrella term to include all work related to sex, important questions arise. Should online content creators on platforms such as OnlyFans, or those who run subscription-based chat groups, be considered sex workers? What policies are needed to protect them from online abuse or the non-consensual leaking of content?

Next, lawmakers must consider the layered identities within the sex industry. There are migrant sex workers -- including foreign labourers -- working in Thailand, and there have been underreported tensions over claims that foreign workers are taking jobs from Thai sex workers.

Furthermore, some have abused tourist visas to work in Thailand’s sex industry, while others have been exploited by employers through unfair pay or excessive working hours.

Regardless of whether sex work is decriminalised or legalised, the next government must address this group in its policies, balancing protection of foreign sex workers’ rights with national security concerns.

Needless to say, the next government must also ensure sex workers have access to social welfare.

Another key issue is how to ensure lifelong protection for ageing sex workers. There are many older sex workers who have spent their entire lives in this industry.

According to field reporting I conducted in Pattaya, many face a dilemma: they cannot start anew in old age due to limited education, yet they can no longer compete with younger workers. Some return home without a single baht in their pockets.

The situation worsened during global disruptions such as the Covid-19 pandemic, when these sex workers became among the most vulnerable -- lacking income, technological skills, and competitive advantages.

How would they survive if a similar crisis occurs again?

These are just some of the concerns surrounding sex worker legislation that focuses solely on sex workers themselves.

I have not even touched on homeless sex workers, whose identities are far more complex, nor on consumer protection in a market where prices are highly variable and opaque.

As such, regardless of the legislative approach, comprehensive, clear, and inclusive policies are required to ensure protection for every relevant stakeholder in Thailand’s sex industry.

Photo: Members of the Empower Foundation call for the passage of a draft bill to provide full welfare and legal protection for sex workers, while also demanding the abolition of the prostitution ban outside parliament, in this Oct 2, 2024, file photo. (Photo: Chanat Katanyu)

Text Poramet Tangsathaporn

Published 4^th of February 2026 on the portal bangkokpost.com