Internet & Online Safety · Peru
Online safety & content laws in Peru (2026)
Peru shaded by its internet & online safety status
Peru's online-safety and content-moderation framework is fragmented: it relies on sector-specific decrees, consumer-protection enforcement, and data-protection rules rather than a comprehensive platform-safety law. A 2019 executive decree empowers the MTC to order ISPs to block apps and websites without judicial oversight—upheld by the Supreme Court in April 2025—raising civil-liberties concerns. Significant proposed legislation on children's online protection was advancing through Congress in 2025 but had not yet been enacted into a standalone online-safety law.
Key points
Supreme Decree No. 035-2019-MTC grants the MTC authority to direct ISPs to block apps and websites without a court order or prior administrative hearing. Peru's Supreme Court upheld the decree in April 2025, over objections from digital-rights NGO Hiperderecho that it enables unchecked executive censorship.
Peru has no law providing blanket intermediary immunity (analogous to Section 230) nor a DSA/OSA-style content-moderation mandate. In its absence, consumer-protection authorities (INDECOPI) have pursued platforms for non-compliance with their own terms of service, and some liability-release clauses in platform T&Cs have been voided as unfair.
A law—backed by advocacy from Safe Online grantee CHS Alternativo—requires ISPs to inform subscribers about parental-filter options and mandates that public internet venues (cybercafés, hotels, airports, government facilities) install parental filters. Non-compliance is a serious offence sanctioned by OSIPTEL.
The Women and Family Commission of Congress approved Proyecto de Ley No. 10880/2024-CR, which would restrict children under 12 to supervised device use, cap non-educational screen time for 12–16 year-olds at two hours daily, bar under-16s from opening their own social-media accounts, and require platforms to implement age-verification and prohibit targeted advertising at minors. As of 2025 it remained in the full legislative process.
Supreme Decree No. 016-2024-JUS, published 30 November 2024 and in force from 30 March 2025, modernises Peru's data-protection framework under Law No. 29733, introducing DPO requirements, breach-notification obligations, data portability, and requirements to make reasonable efforts to verify consent where personal data is processed over the internet.
A congressional bill tabled in late 2025 would impose registration and content obligations on digital content creators (YouTubers, influencers). Hiperderecho published a detailed critique in November 2025 arguing the proposal is unconstitutional and technically unworkable, and it had not advanced to a final vote as of the available record.
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