Peru proposes operator liability for influencer gambling advertising
Regulation2 min read
Peru’s Ministry of Foreign Trade and Tourism proposed making authorised operators responsible for online gambling advertising created or distributed by third parties, including influencers. The draft rules also require visible sponsorship disclosures and prohibit advertising aimed at minors; public comments are due by 5 November 2026.
Peru's Ministry of Foreign Trade and Tourism (Mincetur) proposes making authorised operators responsible for online gambling advertising produced or distributed by third parties, including influencers and agencies. Interested parties can submit comments until 5 November 2026.
Mincetur published the draft supreme decree, which amends the regulation of Law No. 31557, through Ministerial Resolution No. 382-2026-MINCETUR. One of the main changes concerns article 56 of the regulation, which would specify the conditions for advertising online games in traditional media, on the internet and on social networks.
Under the draft, influencers and content creators would have to mark sponsored or commercial posts visibly. They could promote only platforms holding a current authorisation from Mincetur. The proposal also provides for advertisements to carry the operator's name and administrative authorisation number.
The text proposes banning advertising aimed at children and adolescents, and its distribution in spaces or to audiences made up predominantly of minors. It also contemplates restrictions on physical advertising media in places frequented by this audience. On messaging, the draft seeks to prevent gambling from being presented as a source of income, a solution to economic difficulties, or a route to prestige, popularity or personal attractiveness. It also prohibits content that promotes compulsive behaviour.
In practice, operators would need internal mechanisms to check that campaigns meet the regulatory conditions. Hiring an external provider would not relieve them of responsibility.
The draft goes beyond advertising: Mincetur proposes objective criteria for setting the level of fines. It also proposes adjusting provisions on the transmission of information to the regulator, audits, guarantees and authorisation conditions. It adds a specific procedure for deciding what happens to seized goods, including abandonment, disposal and destruction.
According to the rationale for the initiative, the changes respond to a need to clarify obligations and improve supervision and enforcement, based on experience applying the rules. Until the procedure ends and a final text is approved, the new obligations remain at proposal stage.