Peru wants operators to be held accountable for influencer posts
If a Peruvian influencer promotes a sportsbook without disclosing that they were paid to do so, the operator would be held accountable. This is the central premise of the draft supreme decree published for public consultation by the Ministry of Foreign Trade and Tourism through Ministerial Resolution N.° 382-2026-MINCETUR, which amends the regulations of Law N.° 31557 enacted in 2023.
The consultation window is brief. Feedback is being accepted until November 5, 2026, leaving operators, agencies, and industry associations just two days from today to submit their position on a framework that would fundamentally reshape how they procure advertising.
Third-party liability is the provision carrying the most significant operational consequences. According to the text, the authorization holder is liable for any commercial communications carried out in the name of its brand, even if the creative asset was produced, contracted, or distributed by an agency, an influencer, or any third party—and outsourcing does not relieve them of liability. In practice, operators would need to establish internal pre-clearance mechanisms and adjust their contracts with content creators, as regulatory exposure would no longer rest solely with the party publishing the message.
For content creators, the obligations are twofold and readily verifiable at a glance. They must clearly disclose when a post is the result of a sponsorship or commercial collaboration, and they may only promote platforms holding a valid authorization from Mincetur. The draft decree also requires every ad to display the operator's name alongside its administrative authorization number, making the advertisement directly cross-checkable against the official registry.
Displaying the authorization number on the ad shifts the dynamics of oversight. It allows any user, as well as any compliance inspector, to verify within seconds whether the promoted platform is licensed, effectively shifting part of the enforcement burden from active regulatory inspections to public verification.
The chapter on prohibited messaging focuses on content rather than format. The text shuts the door on portraying gambling as a way out of financial hardship, a source of income, or a pathway to prestige, popularity, or personal appeal, while banning content that encourages compulsive behavior. This mirrors the concern raised yesterday in Argentina by the head of the Buenos Aires gaming regulator, who called for a debate on whether an athlete admired by children should serve as the face of a betting platform.
Regarding the protection of minors, the draft takes a three-pronged approach. It would ban ads aimed at children and adolescents, their broadcast in venues or before audiences composed predominantly of minors, and it would impose restrictions on physical advertising displays installed in areas frequented by this demographic.
The reform extends beyond advertising, containing measures of vital interest to all licensed operators. Mincetur aims to establish objective grading criteria for fines to ensure penalties are more consistent and proportional, while fine-tuning provisions regarding data reporting to the regulator, audits, financial guarantees, and licensing conditions. It also introduces a procedure to determine the disposal of seized assets, including their abandonment, forfeiture, and destruction.
Notably, these grading criteria come just days after another move in the same direction. Mincetur had previously lowered the maximum fine cap from 200 to 70 UIT in the schedule of infractions, meaning the ministry is working simultaneously on the penalty ceiling and the methodology used to calculate sanctions.
None of this is currently in effect. As long as the process remains open and no final text is approved, these remain proposals. However, should they come into force, they would equally impact the digital marketing strategies and internal compliance frameworks of licensed operators.
Law N.° 31557 regulates the operation of remote gaming and remote sports betting in Peru and came into force alongside its regulations in 2023, under the supervision of Mincetur’s General Directorate of Casino Games and Slot Machines. A prior public consultation is the formal procedure through which Peruvian authorities publish draft regulations to receive comments before enactment, and the final approved text may differ from the draft currently under review.
Tags: Peru, Mincetur, betting advertising, influencers