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Peru proposes lower fine limits and stricter advertising rules for online betting

Mincetur has opened a 15-day public consultation on proposed amendments to the regulatory framework for remote gaming and sports betting, including new penalty calculations and technical requirements.

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Key Points
The draft sets base fines of 1, 3.5 and 7 tax units (UIT) for minor, serious and very serious infractions, respectively, with the final amount adjusted according to detection probability and aggravating or mitigating factors
Proposed advertising rules would cover influencers and other third-party content, restrict promotions to platforms authorized by Mincetur and require responsible gambling warnings in audiovisual advertising

Peru’s Ministry of Foreign Trade and Tourism (Mincetur) has opened a 15-calendar-day public consultation on a draft supreme decree.

The proposal would amend Law 31557, which governs remote gaming and remote sports betting.

The Ministerial Resolution authorizes publication of the proposal and its explanatory memorandum. 

The proposal would revise the existing administrative penalty framework. Fines would range from 1 to 11 tax units (UIT, Peru’s tax reference unit) for minor infractions, 1 to 35 UIT for serious infractions, and 1 to 70 UIT for very serious infractions. Very serious violations may also result in the cancellation of an authorization or disqualification, depending on the applicable provision.

A separate methodology would calculate fines using a base amount determined by the severity of the infraction, adjusted for the probability of detection and aggravating or mitigating factors. 

The proposed base fines are 1 UIT for minor infractions, 3.5 UIT for serious infractions and 7 UIT for very serious infractions. The draft also establishes a general limit of 10% of the offender’s gross income in the preceding year, subject to specified exceptions.

The proposal would also replace the existing advertising provisions with rules covering commercial communications intended to promote gambling. Advertising would be restricted to platforms authorized by Mincetur and could not target minors, portray betting as a solution to financial problems or associate gambling with social success. 

Audiovisual and digital advertisements would have to display or play the responsible gambling warning for at least five seconds.

Regarding influencer marketing, operators would be responsible for advertising content published by influencers on their behalf, without prejudice to any administrative liability applicable to the influencers themselves. 

Peru’s consumer protection and competition agency, INDECOPI, would oversee enforcement of the advertising provisions.

Other proposed amendments include requiring operators to renew their guarantees on the first business day of February each year and to pay requested player balances within three business days. The draft would also prohibit more than one technological platform from operating in a single sports betting room.

Technical standards would change as well. Player authentication credentials would need to contain at least four characters, while complete re-authentication would be required every six months. The proposal also introduces provisions governing the abandonment, destruction and potential donation of confiscated equipment.

Mincetur’s explanatory memorandum describes the changes as adjustments intended to improve enforcement, protect players and rationalize administrative requirements without introducing additional substantive regulatory burdens. 

Good to know

Peru has 4,559 authorized sports betting rooms nationwide, according to Mincetur’s explanatory memorandum

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