Fined 50,000 euros a website that advertised women for prostitution in Lanzarote and other islands

The High Court of Justice of Madrid has upheld a fine of 50,000 euros imposed on a platform for illicit advertising by promoting prostitution in various Spanish cities, including several in the Canary Islands. 

Specifically, the investigation into these illicit activities was carried out on advertisements published in places such as Tenerife, Lanzarote, and Gran Canaria, among others nationwide. 

These points in the Archipelago were chosen to demonstrate the illegal activities promoted by the web portal, which consisted of advertising escort services, both male and female, which, as determined, were against consumer and user protection. 

To this end, various screenshots of the main content were reproduced in 2023, followed by others chosen randomly, noting the time and date, leading to the conclusion that the advertisements corresponded to real people.

Those who accessed the main page could choose various categories, then in a new interface, the advertisements appeared classified by autonomous communities, and at the end, a text with expressions considered offensive was published. 

However, immediately afterward, they indicated that they did not like certain terms to refer to the activities they published and asked to differentiate between prostitutes and escorts. 

Once the "Escorts" option was selected at the top of the screen, it led to a screen showing a list in different Spanish cities grouped by autonomous communities, among which the aforementioned Canary Islands were investigated. 

Finally, it was concluded that the website promoted and advertised prostitution services, and an entity domiciled in Ireland was considered responsible for a serious administrative infraction. 

The company's representatives denied the facts and assured that they had always acted within the law, being aware that prostitution is an illegal activity and appealing to freedom of expression, which the State Attorney rejected by recalling that according to current legislation, advertising that "uses gender stereotypes that promote or normalize sexual violence against women or minors" is considered illicit. 

Once the content of the expressions, photos, and comments was analyzed, it was demonstrated that sexual activities were being promoted and therefore could not be framed within the right to freedom of expression. 

The Superior Court of Justice of Madrid indicates that this type of website cannot be characterized as a means of information but rather as a mere instrument to carry out another activity that in this case falls outside the rights protected by the Constitution and therefore administrative seizure is possible. 

Currently, the page warns that the promotion of prostitution goes against the Organic Law for the Comprehensive Guarantee of Sexual Freedom approved in September 2022, known as the Only Yes Means Yes law.