Advertising Laws
Sex industry and prostitution laws in Australia are determined by individual State and Territory Governments.
Individuals seeking more accurate information regarding sex industry and prostitution work should always refer to the appropriate government websites for the most accurate laws. Links to the recommended advertising laws can be found below.
Individual State Laws (Advertising)
Essential Resources
Note: The content on this page is intended as a guide and should not be considered and/or constitute as sound legal advice. Users should exercise their own skill and care with the use of such information; and consult with an appropriate legal advisor if they are unsure of the appropriate laws in their State/Territory of intended operation.
Advertising Laws in Australian Capital Territory
Prostitution Regulation Act - Section 19.
Summary
Prostitution and/or sex workers are not allowed to describe the services on offer; solicit and/or advertise the employment of sex workers or other employees involved in the prostitution industry; and/or state, directly or indirectly, that the person’s business provides or is connected with sexually related (including massage) services.
Advertising Offences
- A person shall not publish, or cause to be published, an advertisement for prostitution services which contravenes or fails to comply with any requirement, prohibition or restriction prescribed for the purposes of this subsection.
Maximum penalty: 17 penalty units.
- A person shall not cause an advertisement for prostitution services to be broadcast or televised.
Maximum penalty: 17 penalty units.
- A person shall not publish, or cause to be published, an advertisement which is intended, or is likely, to induce a person:
- Where an advertisement invites persons to work in, or obtain work through, a business that arranges the provision of prostitution services, it shall be treated for the purposes of subsection (3) as intended to induce persons to provide prostitution services for clients of the business unless it is clear from the face of the advertisement that the work to which it relates does not involve providing such services.
- Where an advertisement has been published, broadcast or televised for or relating to a business that provides, or arranges for the provision of, prostitution services, the person who was carrying on the business at the time when the advertisement was published, broadcast or televised shall be taken for the purposes of this section as having caused the publication, broadcasting or televising unless the court is satisfied to the contrary.
- Regulations made for the purposes of subsection (1), may:
- (a) make provision with respect to the size, form and content of advertisements for prostitution services, or any class or description of prostitution services; or
- (b) prohibit the advertising of prostitution services, or any class or description of prostitution services:
- (i) in a specified publication or class or description of publications; or
- (ii) in a specified manner.
Advertising Laws in New South Wales
Summary Offences Act 1988 No 25.
Summary
A premises is legally considered as a brothel regardless if sexual and/or massage services are being advertised.
While brothels have a very broad definition in New South Wales; they are still regulated by local councils - just like any other business.
Part 3 - Prostitution
18 Advertising premises used for prostitution
A person shall not, in any manner:
- (a) publish or cause to be published an advertisement, or
- (b) erect or cause to be erected any sign,
indicating that any premises are used or are available for use, or that a person is available, for the purposes of prostitution.
Maximum penalty: 6 penalty units or imprisonment for 3 months.
18A Advertising for prostitutes
- A person shall not, in any manner, publish or cause to be published an advertisement for a prostitute.
Maximum penalty: 10 penalty units or imprisonment for 3 months.
- In this section, advertisement for a prostitute means an advertisement that indicates, or that can be reasonably taken to indicate, that:
- (a) employment for a prostitute is or may be available, or
- (b) a person is required for employment as a prostitute or to act as a prostitute, or
- (c) a person is required for employment in a position that involves, or may involve, acting as a prostitute.
Advertising Laws in the Northern Territory
Prostitution Regulation Act - Section 19.
Summary
Prostitution and/or sex workers are not allowed to describe the services on offer; solicit and/or advertise the employment of sex workers or other employees involved in the prostitution industry; and/or state, directly or indirectly, that the person’s business provides or is connected with sexually related (including massage) services.
Advertising Offences
- A person shall not publish, or cause to be published, an advertisement for prostitution services which contravenes or fails to comply with any requirement, prohibition or restriction prescribed for the purposes of this subsection.
Maximum penalty: 17 penalty units.
- A person shall not cause an advertisement for prostitution services to be broadcast or televised.
Maximum penalty: 17 penalty units.
- A person shall not publish, or cause to be published, an advertisement which is intended, or is likely, to induce a person:
- Where an advertisement invites persons to work in, or obtain work through, a business that arranges the provision of prostitution services, it shall be treated for the purposes of subsection (3) as intended to induce persons to provide prostitution services for clients of the business unless it is clear from the face of the advertisement that the work to which it relates does not involve providing such services.
- Where an advertisement has been published, broadcast or televised for or relating to a business that provides, or arranges for the provision of, prostitution services, the person who was carrying on the business at the time when the advertisement was published, broadcast or televised shall be taken for the purposes of this section as having caused the publication, broadcasting or televising unless the court is satisfied to the contrary.
- Regulations made for the purposes of subsection (1), may:
- (a) make provision with respect to the size, form and content of advertisements for prostitution services, or any class or description of prostitution services; or
- (b) prohibit the advertising of prostitution services, or any class or description of prostitution services:
- (i) in a specified publication or class or description of publications; or
- (ii) in a specified manner.
Advertising Laws in Queensland
Prostitution Act 1999.
Summary
Advertising on the internet requires approval from the Prostitution Licensing Authority - if you do not have PLA approval for your advertising material, then you may be charged for a criminal offense.
Furthermore, prostitution and/or sex workers are not allowed to describe the services on offer; solicit and/or advertise the employment of sex workers or other employees involved in the prostitution industry; and/or state, directly or indirectly, that the person’s business provides or is connected with massage services.
Division 4 - Advertising offences
Subdivision 1 - Definitions
92 Definitions for Division 4
approved form means—
- (a) if the Authority has, for a particular advertisement mentioned in section 93(2) or 96A(2), consented to a form—that form; or
- (b) if guidelines under section 139A or a regulation provides for the form of an advertisement mentioned in section 93(2) or 96A(2), including matters that may or may not be included in an advertisement mentioned in section 93(2) or 96A(2) — a form that complies with the guidelines or regulation; or
- (c) otherwise — the approved form under section 139(2).
publish an advertisement or statement means publish, or cause to be published, in any way including by newspaper, periodical, notice, sign or circular or through radio or television or by film or video recording or on the internet, even if —
- (a) the act done to publish the advertisement or statement in Queensland is done outside Queensland; or
- (b) if the advertisement or statement is published on an internet site — the site is located outside Queensland.
Subdivision 2 - Advertising Offences About Prostitution
92 Advertising Prostitution
- A person must not publish an advertisement for prostitution that describes the services offered.
- A person must not publish an advertisement for prostitution that is not in the approved form.
- A person must not publish any advertisement for prostitution through radio or television or by film or video recording.
Maximum penalty for subsections (1) to (3) —
- (a) if an internet website has been established for the advertisement —
- (i) if the cost of establishing the website is $1,000 or less — 70 penalty units; and
- (ii) if the cost of establishing the website is more than $1,000 — an amount that is 10 times the commercial cost of establishing the website; or
- (b) otherwise —
- (i) if the cost of publishing the advertisement is $1,000 or less — 70 penalty units; or
- (ii) if the cost of publishing the advertisement is more than $1,000 — an amount that is 10 times the cost of publishing the advertisement.
94 Statements Inducing Persons to Become Prostitutes
A person must not publish a statement intended or likely to induce a person to seek employment as a prostitute.
Maximum penalty — 100 penalty units.
95 Advertising Prostitution as Massage Services
- 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.
- In this section —
- business of a person means the business of a licensed brothel or of an individual prostitute.
96 Evidentiary Provision
Evidence that an advertisement or statement has been published in relation to a licensed brothel is evidence that the brothel’s licensee published the advertisement or statement.
Subdivision 3 - Advertising Offences About Social Escort Services
96A Advertising Social Escort Services
- A person must not publish an advertisement for social escort services that does not, by the use of the words ‘non-sexual’ or ‘sexual services are not provided’, unequivocally state that the services are not sexual or that sexual services are not provided.
- A person must not publish an advertisement for social escort services that is not in the approved form.
Maximum penalty for subsections (1) and (2) —
- (a) if an internet website has been established for the advertisement —
- (i) if the cost of establishing the website is $1,000 or less — 70 penalty units; and
- (ii) if the cost of establishing the website is more than $1,000—an amount that is 10 times the commercial cost of establishing the website; or
- (b) otherwise —
- (i) if the cost of publishing the advertisement is $1,000 or less — 70 penalty units; or
- (ii) if the cost of publishing the advertisement is more than $1,000 — an amount that is 10 times the cost of publishing the advertisement.
96B Clients of Social Escort Services to be Informed that Prostitution is not Provided
- An employee of a social escort provider must not arrange for the provision of a social escort service to a person unless the employee has clearly informed the person that the social escort service does not include the provision of prostitution.
Maximum penalty — 70 penalty units.
- A social escort must not start to provide a social escort service to a person unless the social escort has clearly informed the person that the social escort service does not include the provision of prostitution.
Maximum penalty — 70 penalty units
- A social escort provider commits an offence if —
- In a proceeding for an offence against subsection (3), it is a defence for the social escort provider to prove that —
- (a) the provider issued appropriate instructions to the provider’s employees and to the relevant social escort and used all reasonable precautions to ensure compliance with subsection (3); and
- (b) the offence was committed by an employee or the social escort without the provider’s knowledge; and
- (c) the provider could not, by the exercise of reasonable diligence, have prevented the commission of the offence.
- In this section —
arrange means enter into an arrangement of a commercial character.
96C Evidentiary Provision
Evidence that an advertisement or statement has been published in relation to a social escort service is evidence that the person who carried on the business of a social escort provider at the relevant time published the advertisement or statement in relation to the social escort service.
Advertising Laws in South Australia
Summary
Sex work in South Australia is illegal. There are various laws in place to discourage individuals from operating and/or providing sexual related services both commercially and privately.
It is highly advised that those intending on providing any sexual related service (including massage); first seek appropriate legal advice in order to prevent committing a criminal offence, and thereby receiving a fine.
Advertising Laws in Tasmania
Summary
Unlike other States and Territories in Australia, it appears there are no specific laws and/or particular guidelines that strictly govern the advertising of prostitution and/or sex work in Tasmania. Please note that typical sex industry laws as outlined by the State Government still apply.
Advertising Laws in Victoria
Sex Work Regulations Act 2016.
Summary
Sex work in the State of Victoria operates under a licensing system. Licensed sex workers are advised to follow and operate within the laws pertaining to their license. Unlicensed sex workers should apply for and/or register their intentions as a sex worker in order to reduce the risk of any penalties and/or fines.
REG 11 Advertising Controls
- Every advertisement for a business carried on by a sex work service provider must contain the letters "SWA" followed by —
- (a) in the case of a sex work service provider who is a small owner operator exempted by section 23 of the Act from the requirement to hold a licence, the exemption number allocated to that sex work service provider by the Authority; or,
- (b) in the case of a sex work service provider who is a holder of a licence granted by the Authority under Part 3 of the Act, the licence number allocated to that sex work service provider by the Authority.
- The letters referred to in subregulation (1) and either the exemption number referred to in paragraph (a) or the licence number referred to in paragraph (b) must be clearly legible in a point type no smaller than the smallest point type appearing in the advertisement, or 7 point type, whichever is the larger.
- An advertisement for a business carried on by a sex work service provider must not contain a licence number or exemption number which is false, or which the provider is no longer entitled to use.
- An advertisement for a business carried on by a sex work service provider must not—
- (a) subject to subregulation (5), contain a photographic or other pictorial representation of a person unless it is restricted to the head and shoulders; or
- (b) be published through radio, television, film or video recording; or
- (c) contain a photographic or other pictorial representation of a particular person unless that person has given written consent for that advertisement and a copy of the signed consent has been given to that person; or
- (d) refer to the health of, or any diagnostic procedures or medical testing undertaken by, the person offering sexual services.
- An advertisement for a business carried on by a sex work service provider that is published on the Internet may contain a photographic or other pictorial representation of a person which is not restricted to the head and shoulders, provided that the advertisement does not contain a photographic or other pictorial representation of —
- (a) the bare sexual organs, buttocks or anus of a person, or frontal nudity of the genital region; or
- (b) bare breasts; or
- (c) a sexual act or simulated sexual act; or
- (d) a person under the age of 18 years.
- An advertisement for a business carried on by a sex work service provider may-
- (a) contain references to the sexual orientation, race, colour or ethnic origin of the person offering sexual services; and
- (b) state that safer sexual practices are engaged in and that condoms are always used.
- A person must not arrange for any photograph, pictorial representation, text or other material to appear in conjunction with an advertisement for a business carried on by a sex work service provider unless that material is itself an advertisement for such a business.
- An advertisement for a business carried on by a sex work service provider must not exceed a size of 18 centimetres by 13 centimetres unless—
- (a) it appears in outdoor advertising; or
- (b) it appears in an electronic communication; or
- (c) it appears on the Internet.
- If 2 or more advertisements for a sex work service provider are published in the same publication, apart from an advertisement referred to in subregulation (8)(a), (b) or (c), they must not form part of a unified whole which exceeds a size of 18 centimetres by 13 centimetres.
Advertising Laws in Western Australia
Section 9, WA Prostitution Act 2000.
Summary
Prohibits the advertising of employment and/or recruitment of sex workers or other employees within or pertaining to the prostitution industry. This includes, but is not limited to security guards, receptionists, drivers, cleaners etc.
9. Promoting employment in the prostitution industry,
A person is not to publish or cause to be published a statement that is intended or likely to induce a person to -
- (a) seek employment as, or act as, a prostitute; or
- (b) seek employment in any other capacity in any business involving the provision of prostitution. Penalty: a fine of $50 000.
Section 10, WA Prostitution Act 2000.
Summary
Places limitations on the manner of advertising of sexual activities, including the medium for which advertisements are placed.
10A. Restrictions on advertising commercial sexual acts:
- A person must not advertise a commercial sexual act or authorise the advertising of a commercial sexual act other than through -
- An advertisement for a sexual service business that is not a small owner - operated business must carry the certificate number of an operator or manager of the business providing the advertised service.
- A commercial sexual act is advertised through the computer network known as the internet if an advertisement for the act is sent, or made accessible through, the network or any part of it.
- In this section - advertise means advertise by any words, or any pictorial or other representation, used to notify the availability of, or promote the provision of, a commercial sexual act, either generally or specifically.