Peru proposes gambling advertising changes and new fine bands

Peru’s Ministry of Foreign Trade and Tourism (MINCETUR) has published a draft decree that would amend the rules for remote gambling and online sports betting. The proposal covers advertising, operator and supplier controls, and administrative sanctions. The ministry’s consultation closes on 5 November 2026; the detailed changes remain proposals.

Advertising and influencers

The draft decree would cover commercial communications across audiovisual, digital, static and print media, including content produced by influencers. Advertising would have to refer to authorised platforms, games and betting modalities, and identify the operator and its authorisation number.

The proposal would prohibit content directed at minors, content presenting gambling as a source of income or solution to personal problems, and content encouraging compulsive play. For audiovisual and digital advertising, the prescribed gambling-risk warning would have to be visible or audible for at least five continuous seconds. Static and printed advertisements would have to allocate at least 10% of their surface to the warning.

Influencer content would have to be clearly identified as advertising, sponsorship or a commercial collaboration. It could promote only authorised platforms and could not be distributed through influencers whose audiences are predominantly underage. The draft assigns responsibility for the content, form and dissemination of advertising to the authorised operator, including when a third party produces or distributes it.

Gambling-risk warnings are not entirely new. Indecopi has already reminded operators and influencers of the existing requirement to display a warning. The draft sets out more detailed presentation and responsibility provisions for the sector.

A lower proposed fine range

MINCETUR’s comparison of the existing and proposed rules describes the current range for very serious infringements as more than 150 UIT and up to 200 UIT. The proposal would set a range of 1 to 70 UIT, while retaining cancellation of authorisation and temporary or permanent disqualification as possible sanctions.

The draft also proposes ranges of 1 to 11 UIT for minor infringements and 1 to 35 UIT for serious infringements. These are proposed regulatory ranges; the applicable offence and sanctioning decision would still matter. The ministry says its aim is to set fines that deter misconduct without being disproportionately severe.

For operators, the headline reduction in the proposed very serious fine band is only one part of the exposure. The draft retains the possibility of losing authorisation, so assessing the proposal requires attention to the infringement table as well as the fine ranges.

Platform and supplier oversight

The draft would require applications to identify providers whose services or components have a direct and significant effect on platform operation or security, together with their MINCETUR registration codes. Providers would be required to serve authorised operators and provide information about contracting entities when requested.

The proposed operator provisions include an integral platform audit every two years, covering relevant components and linked suppliers. They also address guarantees and customer payouts: the draft says requested funds must be paid immediately and no later than three working days, using the customer’s selected payment method.

MINCETUR is accepting comments from interested parties until 5 November 2026. Operators, suppliers and advertisers may wish to assess how the proposed registration, audit and advertising requirements would affect their existing arrangements. The draft has not yet been adopted.