The recently approved 'solo sí es sí' law in Spain claims it is "leaving behind the culture of violation and creating a culture of consent" establishing as one of these key measures the banning of porn advertising. A few hours following the approval of the law, the Spanish Socialist Workers’ Party (PSOE), supported by other political parties, proposed to the Spanish Parliament an amendment to the article 187 of the Organic Law 10/1995 of the Penal Code; the amendment calls for the abolition of all forms of profiting off the prostitution of others in Spain, with the intention of defending "the human rights of an advanced democratic society." It is a brutal, dangerous law proposal that will silence sexual expression, and makes work more difficult and dangerous for sex workers.
According to Spanish Socialist Workers’ Party (PSOE), which proposed the anti-sex amendments, the Penal Code is incomplete because it only punishes prostitution that is "exploitative", while it should "punish prostitution widely", that is, "any form of obtaining profit from the prostitution of others." It doesn’t matter to them whether the practice is carried out under exploitation (banned under current law) or with explicit consent from all parties involved, and following ethical production practices. According to PSOE, it is in all cases a "serious violation of human rights."
The true violation of human rights is destroying the livelihoods of the sex workers of Spain. It is an unprecedented attack on workers by a party that claims to support them. And the law is so broad that it would affect many routine forms of sexual expression, including content made by couples in their own home. The text is
It is hypocritical and reactionary for a political party aiming to define consent culture to invalidate the consent of sex workers, an already marginalised and stigmatised group. This law only reinforces the stigma against sex work and the porn industry, blurring the lines between legitimate sex work and exploitation and ultimately, condemning sex workers to more precariousness, secrecy, and violence.
FSCE stands with all sex workers and adult industry workers in Spain and calls for the authorities to stop this proposed law. If the Spanish government truly wants to establish a consent culture, they must protect the rights of sex workers and pass legislation to improve our working conditions. We ask that the political parties meet with sex worker rights organizations, and other affected communities to more fully understand the deeply harmful and damaging effects of the current law proposal that legitimates censorship and discrimination.
HERE is a statement from the Spanish sex workers syndicate Otras.
HERE is a statement from independent adult film producers unite to defend sex workers’ right to consent in response to the new Spanish “solo sí es sí”