Thai proposal to legalise adult entertainment industry sparks debate

The Move Forward Party (MFP) is advocating for a significant change to Thailand’s Criminal Code to legalise the adult entertainment industry, including pornographic materials and sex toys. This initiative aims to dismantle the existing taboos and establish better regulation.

MFP MP for Bangkok, Taopiphop Limjittrakorn, submitted the proposal to Parliament last week, with discussions expected to commence within the next couple of weeks.

Currently, Section 287 of the Criminal Code prohibits all forms of adult materials, including pornographic images and sex toys. The proposed amendment would still ban certain types of pornography, particularly those depicting sexual violence, rape, and paedophilia, according to Taopiphop.

The amendment also aims to prevent individuals under the age of 20 from participating in the production of adult content. Additionally, it seeks to relax regulations concerning the sale of sex toys, allowing products certified by the Thai Industrial Standards Institute (TISI) and the Food and Drugs Administration (FDA) to be legally sold.

Taopiphop stated he is prepared for potential backlash but emphasised the public interest as his primary motivation.

“I want people to stop pretending [that adult content is taboo]. Let’s talk [openly] through parliamentary mechanisms. I wonder where the moral standard lies in Thai society.”

Pornographic materials

He clarified that he has no personal gain from the bill, stressing that the debate is essential for societal progress.

“I brought up the matter not because I want Thai youths to have easy access to pornographic materials.

“The real intention here is to bring [the adult content industry] to the surface so it could be discussed openly and legally regulated.”

Legalising the industry could positively impact the economy through taxation and ensure the safety of those working within it. Many sex workers face exploitation and abuse with little recourse due to the industry’s illegal status.

Rachada Dhnadirek, an executive of the opposition Democrat Party, previously expressed support for MFP’s proposal to legalise sex toys. She cited research from Technavio, a British market research company, highlighting the economic benefits.

Taxing toys

According to the research, the global sex toy industry has been growing by about 7% annually since 2019, which translates to an increase of approximately 300 billion baht per year. Legalisation would allow the government to tax sex toy vendors, resulting in increased state revenue.

MFP’s proposal to amend Section 287 underwent a public hearing from August 25 to October 31 last year. Although the hearing was attended by 1,072 people, only 22 shared their opinions.

Consultations with various state agencies, including the Ministry of Justice (MoJ), Ministry of Public Health (MoPH), Ministry of Education, Royal Thai Police (RTP), and the Office of National Human Rights Commission, have also taken place.

The RTP expressed concerns that easier access to pornographic materials could lead to an uptick in sex-related crimes. They argue that the bill could do more harm than good if passed into law.

The MoPH emphasised the need for mechanisms to prevent those under 20 years from involving themselves in the adult industry. Meanwhile, the MoJ highlighted that the bill does not clearly differentiate between legal and illegal production, which could open the door to abuses by corrupt officials, reported Bangkok Post.