A case for the regulation of live adult entertainment

Abstract

The first chapter of this thesis acquaints the reader with the subject by defining live adult entertainment, examining what it consists of, and providing an overview of the types of services offered by adult establishments. It then explores the raisons d’être cited by lawmakers and stakeholders to justify the need for regulating the industry. The second chapter examines the main reason for regulating the Maltese industry: the current legal regime fails to provide certainty about lawful conduct in adult establishments. Permissible conduct relies on the assessment of notions of morality and decency. In fact, on numerous occasions, dancers and operators have been accused of committing acts against decency and morals, as well as with violating laws relating to prostitution. This chapter reviews judicial interpretations of these ambiguous offences. Despite the courts‘ reluctance to criminalise the industry, many questions as to what is permissible remain unanswered, and owners of adult businesses still cannot navigate with certainty. The third chapter presents the reader with the two main approaches adopted by foreign jurisdictions to tackle the industry: complete abolition, or treating it as a commercial undertaking. While Iceland has recently opted for the first route, many Western countries favour wide-ranging legislation, inter alia setting out zoning restrictions as well as suppressing certain forms of behaviour. This chapter provides a comprehensive exposition of all these rules and their deficiencies. The last chapter examines the thin legislative framework applicable to live adult venues in Malta, including the generic licensing regime and other ad hoc laws that in some way touch the industry. It obtains evidence from a diversity of sources, including newspaper coverage and interviews, to identify lacunas in the existing framework and make recommendations for the way forward.