Prostitution Prostitution laws in FijiMatanitu Tugalala o Viti
In Fiji the Crimes Act 2009 (Part 13, Prostitution Offences) criminalises the arrangements around selling and buying sex rather than the private act itself. Section 231 penalises loitering in public to offer sex for payment, soliciting for an immoral purpose in public or 'by any communication whatsoever', and, on the client side, seeking or using a sex worker's services in a public place or arranging to use them by any communication (fine of FJ$500, then up to three months or FJ$1,000). Keeping or managing a brothel and letting premises for one carries up to five years or FJ$10,000 (s. 233); living on the earnings of prostitution carries six months (s. 230); procuring a person to become a 'common prostitute' carries two years (s. 217).
Legal model
Selling and buying prohibited. Selling sex is an offence (criminal or administrative), whether or not buying is.
Borderline. The Crimes Act 2009 does not make the exchange of sex for money in private an offence as such, but s. 231 makes it an offence to loiter in public to offer sex for payment, to solicit 'by any communication whatsoever', and, for clients, to seek or use a sex worker's services in a public place or to make arrangements to use them 'by any communication whatsoever'. Because almost any way of agreeing a transaction is covered for both parties, the file classifies Fiji as prohibition.[1]
At a glance
| Question | Status | In short |
|---|---|---|
| Selling sexual services | Illegal Criminal offence | Selling sex in private is not named as an offence, but loitering in a public place to offer sex for payment, soliciting for immoral purposes in a public place, and soliciting for an immoral purpose 'by any communication whatsoever' are summary offences: a fine of FJ$500 for a first offence, then up to three months' imprisonment or FJ$1,000, or both. Persistently soliciting in public is a separate offence under s. 230(1)(b).[1][2] |
| Buying sexual services | Illegal Criminal offence | A client commits a summary offence by seeking or using the services of a sex worker in a public place, or by making arrangements with a sex worker, or with a person offering a sex worker's services, to use them 'by any communication whatsoever' (fine of FJ$500, then up to three months or FJ$1,000, or both).[1] |
| Brothels and managed venues | Illegal Criminal offence | Keeping or managing, or assisting in managing, a brothel; a tenant or occupier knowingly permitting premises to be used as a brothel or for habitual prostitution; and a landlord letting premises knowing they will be used as a brothel are summary offences punishable by up to five years' imprisonment or a FJ$10,000 fine, or both.[3] |
| Third parties profiting (procuring / pimping) | Illegal Criminal offence | Knowingly living wholly or in part on the earnings of prostitution carries six months' imprisonment, with a presumption against anyone who lives with or habitually accompanies a sex worker or controls their movements. Procuring or attempting to procure any person to become a 'common prostitute', or to leave home or Fiji to work in a brothel, carries two years; consent is no defence.[2][4] |
| Advertising sexual services | Illegal Criminal offence | There is no advertising-specific offence, but soliciting for an immoral purpose 'by any communication whatsoever' (s. 231(1)(f)) and arranging a sex worker's services 'by any communication whatsoever' (s. 231(1)(e)) appear wide enough to cover a sex worker's own online or telephone advertising and the clients who answer it. A site that publishes others' ads could also face the brothel or living-on-earnings offences if it profits from them.[1] |
The law in detail
Selling sexual services
Selling sex in private is not named as an offence, but loitering in a public place to offer sex for payment, soliciting for immoral purposes in a public place, and soliciting for an immoral purpose 'by any communication whatsoever' are summary offences: a fine of FJ$500 for a first offence, then up to three months' imprisonment or FJ$1,000, or both. Persistently soliciting in public is a separate offence under s. 230(1)(b).[1][2]
Persistently soliciting or offering a person for immoral purposes in a public place (s. 230(1)(b)) carries imprisonment for 6 months.
Confidence: medium. Status 'illegal' reflects that s. 231(1)(f) reaches offers made by any means of communication; the private act itself is not an offence. How courts read 'immoral purpose' and 'any communication' was not researched.
Checked 30 October 2026
Buying sexual services
A client commits a summary offence by seeking or using the services of a sex worker in a public place, or by making arrangements with a sex worker, or with a person offering a sex worker's services, to use them 'by any communication whatsoever' (fine of FJ$500, then up to three months or FJ$1,000, or both).[1]
Note. The penalty amounts were substituted by Act 31 of 2016 (the 2009 Gazette text used penalty units).
Checked 30 October 2026
Brothels and managed venues
Keeping or managing, or assisting in managing, a brothel; a tenant or occupier knowingly permitting premises to be used as a brothel or for habitual prostitution; and a landlord letting premises knowing they will be used as a brothel are summary offences punishable by up to five years' imprisonment or a FJ$10,000 fine, or both.[3]
Checked 30 October 2026
Third parties profiting (procuring / pimping)
Knowingly living wholly or in part on the earnings of prostitution carries six months' imprisonment, with a presumption against anyone who lives with or habitually accompanies a sex worker or controls their movements. Procuring or attempting to procure any person to become a 'common prostitute', or to leave home or Fiji to work in a brothel, carries two years; consent is no defence.[2][4]
Checked 30 October 2026
Advertising sexual services
There is no advertising-specific offence, but soliciting for an immoral purpose 'by any communication whatsoever' (s. 231(1)(f)) and arranging a sex worker's services 'by any communication whatsoever' (s. 231(1)(e)) appear wide enough to cover a sex worker's own online or telephone advertising and the clients who answer it. A site that publishes others' ads could also face the brothel or living-on-earnings offences if it profits from them.[1]
Confidence: low. Inference from the statutory wording; no case law, prosecution data or guidance on advertising or platform liability was found. The Online Safety Act 2018 and Cybercrime Act 2021 were not reviewed.
Checked 30 October 2026
Key legislation
| Law | What it does here | In force |
|---|---|---|
| Crimes Act 2009, s. 231 Loitering or soliciting for the purposes of prostitution (consolidated, last updated 8 August 2026) Crimes Act 2009 (originally Crimes Decree 2009, No. 44 of 2009), consolidated on laws.gov.fj s. 217 · s. 230 · s. 231 · s. 233 | Part 13 (Prostitution Offences) contains the procuration, living-on-earnings, soliciting and brothel offences (ss. 217, 230, 231, 233).[1] |
Timeline
- 5 November 2009Crimes Decree 2009 published in the Government Gazette, replacing the Penal Code and introducing offences for clients who seek sex workers' services in public or arrange them by any communication.[5]
- 1 December 2016Act 31 of 2016 amends ss. 231 and 233, setting the soliciting fines at FJ$500 / FJ$1,000 and the brothel fine at FJ$10,000.[1][3]
Sources
- Crimes Act 2009, s. 231 Loitering or soliciting for the purposes of prostitution (consolidated, last updated 8 August 2026). Laws of Fiji (laws.gov.fj), Government of Fiji. legislation · accessed 30 October 2026
- Crimes Act 2009, s. 230 Person living on earnings of prostitution or persistently soliciting (consolidated). Laws of Fiji (laws.gov.fj), Government of Fiji. legislation · accessed 30 October 2026
- Crimes Act 2009, s. 233 Brothels (consolidated). Laws of Fiji (laws.gov.fj), Government of Fiji. legislation · accessed 30 October 2026
- Crimes Act 2009, s. 217 Procuration for unlawful purposes (consolidated). Laws of Fiji (laws.gov.fj), Government of Fiji. legislation · accessed 30 October 2026
- Crimes Decree 2009 (Decree No. 44 of 2009), Republic of Fiji Islands Government Gazette Vol. 10 No. 95, 5 November 2009. Government of Fiji (copy hosted by the Fiji Independent Commission Against Corruption), 5 November 2009. legislation · accessed 30 October 2026