Online platforms and advertising

Advertising for sex work is prohibited in principle, but allowed within certain specific frameworks. The Royal Decree of 18 May 2024 sets out the obligations for platforms.

1. The principle: advertising prohibition

Article 433quater/2 of the Criminal Code sets out a general prohibition on advertising for prostitution. Advertising is defined as "making, publishing, distributing or disseminating advertising, whether direct or indirect, for an offer of sexual services, even by disguising the offer under linguistic artifice".

Violating this prohibition is punishable by 1 month to 1 year imprisonment and a fine of €100 to €1,000.

2. Exceptions

The prohibition does not apply in three cases (art. 433quater/2, §2):

Window

An adult may advertise their own services behind a window in a location specifically dedicated to prostitution.

Specialised platform

An adult may place advertising for their own services on an internet platform or medium specifically intended for this purpose.

Platform provider

The provider of a specialised platform may distribute advertisements provided it complies with the obligations set out in the Royal Decree of 18 May 2024.

3. Obligations of platform providers

The Royal Decree of 18 May 2024 imposes the following obligations on platform providers:

Before each advertisement

Verify the identity and adult age of the advertiser (and of the service provider if different) using an identity document (art. 3)
Take a facial photograph on the day of the request (destroyed after verification)
Verify the telephone number and email address
In case of doubt, request additional information or refuse the advertisement

Information and prevention

Inform advertisers about safety, STIs, and possibilities for career change (art. 4)
Provide contact details of specialised centres for trafficking victims and support organisations
Visibly display the contact point www.stoptraitehumaine.be and the number 078 05 58 00 (art. 5)
Train persons responsible for managing advertisements to recognise signs of exploitation (art. 6)
Report without delay any suspicion of abuse or trafficking to the police (art. 7)

For online platforms: the provider must also provide a way for visitors to report suspected abuse, allow specialised centres and associations to create a free account, and make available a system for advertisers to share experiences (art. 9). A contact point must be reachable by police during working days, with a response within 24 hours in urgent cases (art. 10).

4. Data retention

The provider must retain certain data for 3 years after the end of the contract with the advertiser, for the purposes of investigation and judicial proceedings (art. 11):

Copy of the identity document
Account creation data (date, email, telephone, IP address)
Data relating to the creation of the advertisement
Payment details (if applicable)
Data on changes to the advertisement or account