Touts are neither. They're just guys selling stuff.
As for regulating/banning them, I think for really big festivals and events, like World Cup's, Glastonbury, the Olympics, etc., that's fair enough. Otherwise, why not - at least it gives you opportunity to go to a gig you see advertised the day it's on, which often isn't the case (why the Guardian puts, say, the Killers in their 'on this week' listing, I don't know - unless you knew about it six months in advance, you weren't going to get in).