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Another Look at Laws on Prostitution in Thailand?

Transcript of the above video: 

As the title of this video suggests, we are discussing prostitution here in Thailand specifically the laws associated therewith. Every now and then I make a video on this because there is a lot of nonsense out on the internet and people talk about this not really exactly knowing what they are talking about, and it’s worth - let me just get into it. 

In any event, I thought of making this video while reading an article that was otherwise seemingly totally unrelated on Cannabis from the Pattaya Mail, pattayamail.com, the article is titled: Cannabis in Thailand is now neither legal nor against the Law. This article was done by Barry Kenyon, hats off to you sir, good writer, good journalist in my opinion. Quoting directly: "The underlying issue is that smoking cannabis without permission is usually a victimless crime without anyone complaining. Just as some pharmacies sell hospital medicines without the required authorization, or some mama and papa stores sell beer at unauthorized times, so it is difficult to see the enforcement strategies against some cannabis outlets only interested in boosting sales." So he is talking about Cannabis and then he kind of veers off over here. Quoting further: "On an entirely separate front, the Entertainment Venue Act of 1964 has criminalized prostitution in licensed premises for seven decades to very little effect." Well one, I would disagree with that on one level, and two, I don't think it goes far enough in the analysis. 

Before I get into that, real quickly I want to go ahead and let people know we do have a paid news service that I discuss in great detail further developments, how it affects the expat world, politics in Thailand, Economics over here. Just general stuff from a foreigner's perspective. I was a foreigner in Thailand, I am now Thai, but from the perspective of someone who understands sort of the foreign predicament if you will here in Thailand. Another quick plug here for Pancake Palace. With my better half, I have opened a restaurant here in downtown Bangkok. We are calling it Pancake Palace. As you can imagine, it's breakfast anytime, American diner style food. We also have Thai options for those who may be bringing their significant other that is not real familiar with American style cuisine. But diner style food; we are talking chilli bowls, we even now have Fritos so if you like Frito chilli pie kind of thing, ask the staff about Fritos. We have got bottled Coke which I happen to love - glass bottled Coke to my mind is the greatest in the world. We are working on getting milkshakes in, but we have cheeseburgers, we have buffalo wings - in my opinion the best buffalo wings in Bangkok - we've got all of this stuff right here at Pancake Palace, and again breakfast anytime and of course pancakes. 

That said, going back and let me re-quote: "On an entirely separate front, the Entertainment Venue Act of 1964 has criminalized prostitution in licensed premises for seven decades to very little effect." Well yeah, fair dues on that, but I would say it has actually had the effect that policymakers then and probably now have wanted. As I have discussed in other videos, Thai Policy and Thai Law on this issue, on the issue of sex workers for example or whatever you want to call it, or what they refer to in the James Clavell novels as the "floating world". The thinking is what consenting adults do behind closed doors is their own business. So for example, the Act actually does prohibit certain activity in for example like GoGo Bars, which has created certain customs of being able to depart the premises with folks that may work in those establishments, and then whatever arrangements are come to behind closed doors, off premises, well that's between consenting adults, it's in private. The law doesn't really care effectively about that. 

That said, quoting further, and I went over to the Google AI on this and just kind of because I was thinking of the Entertainment Practices Act of 1966 which does delineate certain special entertainment services which I have discussed in other videos, but again the whole issue of premises, privacy and consent, comes into it but going over to Google AI, quote: "In Thailand, prostitution itself is not explicitly illegal but related activities like soliciting, running brothels and pimping are. The Entertainment Place Act of 1966", - which I had always heard of it as Entertainment Practices Act of '66 - quoting further: "places responsibility on entertainment venue owners if prostitution occurs on their premises." Yeah, that's the key, okay? As noted, again running brothels, pimping, soliciting, illegal in Thailand explicitly. And as we have discussed in other videos, one of the main elements of the definition of prostitution itself, has this element of "in a promiscuous manner" which I would say that is akin to the term of art in the Common Law vernacular, "open and notorious". It's basically, are you running one of these establishments out in the open, are you basically in the flesh trade if you will? The law in Thailand precludes that, it doesn't want that, it's clear on that. That said, again what consenting sing adults do behind closed doors is another matter. Quoting further: "The Entertainment Place Act of 1966 places responsibility on entertainment venue owners if prostitution occurs on their premises holding them liable for illegal activities. Sex workers may also be subject to legal consequences and mandatory rehabilitation." Quoting further: Key points. Prostitution is not explicitly illegal, while not explicitly outlawed, prostitution related activities are often targeted by law enforcement." And yes, that's true. The police do go after this stuff; they are very serious about street walkers etc., okay? That is something Thailand does not tolerate.

But again I like the kind of forward-thinking attitude Thailand has which is again what consenting adults do behind closed doors is their own business; it is not the business of the police to go knocking down doors over what consenting adults are doing behind those closed doors. So that is basically the way to look at the current state of play as far as the law is concerned here in the Kingdom of Thailand regarding the very delicate and frankly important issue of prostitution.