Should strip clubs in Malta be regularized?

Abstract

It is well known that the majority of the Maltese population is not very open about their sexuality and everything with its regard. This has led to the development of a perception which perceives anything relating to the exposure of our body, in a way which is deemed as illegal, immoral and even as a sin. It is all of this which has driven the writing of this paper revolving around a new and possible regulation which could be introduced in the coming years. In light of this, this dissertation will be delving into the provisions of the law that one finds on the matter whilst trying to give a new spectrum under which one can see and take into account the activities that take place within these clubs, in order to develop a new perception within society and for a new regulation to come into force. Furthermore, this paper will discuss the legislative framework, which at the moment is being discussed and possibly brought to a parliamentary stage which would then see the implementation thereof and continue to build upon this dissertation. In this manner, Malta would be acknowledging the existence of these clubs as well as the fact that they are attracting more business on the Island. In addition, one cannot exclude the possibility of seeing more of such clubs opening thus, increasing the risks of such activity being subject to scrutiny and illegal affairs, if not regulated properly. What cannot be disregarded is the huge lacuna within our legal system. There is a vacuum with regards to strip clubs and how they should be regulated. This extends to the repercussions if a criminal offence is executed within a club and needs to be brought in front of a court of law. It is in light of this fact, that many cases are either dismissed or decided within the remits of public indecency, which is only circumventing the real problem that there is within these clubs, which is primarily due to this cavity that is found in our law. There are a handful of other thesis and dissertations that talk about the illegal aspect and the criminal effect that strip clubs leave in society. However, the Maltese scenario provides more cases on the issue rather than research. It is mostly due to the misunderstanding portrayed in local cases which should initiate the implementation of a framework, possibly similar to the one that will be put forward in this dissertation; in order identify the actions that can take place within these clubs whilst preventing any possible illegalities as well as to protect both the people who work within the industry and our citizens. As it will be seen, this research will touch upon three fields of the law with the aim of providing concrete and imperative legislation that can fill these loopholes which are found within the current law and be of aid to our judiciary and the legislator for future use.