This article explores whether online sex work can be legally recognised and protected. In order to achieve this, the current scientific understanding - endorsed by the Constitutional Court in 2019 - that prostitution is incompatible with human dignity and good morals is first critically analysed. Departing from the findings of the Constitutional Court, the A. identifies the difficult coexistence between the system of contractual obligations and the principle of free consent to sexual acts as the main problem of compatibility of prostitution with the legal system. In addition, by comparing online sex work with work in the field of pornography, the article affirms the admissibility of sex work via a digital platform and offers some considerations regarding the applicable legal framework.
Note sul regime giuridico del lavoro sessuale online
Annamaria Donini
2025-01-01
Abstract
This article explores whether online sex work can be legally recognised and protected. In order to achieve this, the current scientific understanding - endorsed by the Constitutional Court in 2019 - that prostitution is incompatible with human dignity and good morals is first critically analysed. Departing from the findings of the Constitutional Court, the A. identifies the difficult coexistence between the system of contractual obligations and the principle of free consent to sexual acts as the main problem of compatibility of prostitution with the legal system. In addition, by comparing online sex work with work in the field of pornography, the article affirms the admissibility of sex work via a digital platform and offers some considerations regarding the applicable legal framework.
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