Artificial Intelligence & Freedom of Expression in Peru

Resumen

Peru stands out as one of Latin America’s most legislatively active countries on artificial intelligence (AI) and the first in the region to adopt a comprehensive AI regulatory framework. Anchored by Law 31814 (2023) and its implementing regulation (Supreme Decree 115-2025-PCM, effective January 2026), the framework adopts a risk-based approach modeled partly on the European Union’s AI Act. It prohibits mass surveillance without a legal basis and requires algorithmic transparency for high-risk systems. Law 32314 (2025) further introduced the use of AI as an aggravating factor in criminal offenses, including defamation, fraud, and child sexual abuse material (CSAM). These regulatory advances coexist with three structural tensions that threaten freedom of expression. First, the AI framework establishes prohibitions without a standalone sanctions regime, rendering key protections largely declarative for now. Second, formal bans on real time biometric identification in public spaces coexist with the rapid expansion of facial recognition infrastructure across Lima and beyond, including documented deployment targeting protesters.1 Third, AI-specific criminal provisions lack explicit protections for satire, parody, and artistic expression, risking a chilling effect on legitimate speech. On the positive side, Peru’s indigenous language AI initiatives—including projects in Quechua, Aymara, and Awajún—represent a genuine contribution to linguistic pluralism and access to information. The April 2026 general elections, which generated more than 700 disinformation alerts but were held without specific deepfake legislation, illustrate both the urgency and the difficulty of regulating AI-generated content without unduly restricting expression.