Legal definitions
In Peru, a child is a human being from conception to 12 years of age; an adolescent is a person from 12 to 18 years of age. Without using these terms, descriptions of “sexually explicit conduct” are present in various Peruvian laws prohibiting actions related to “child sexual exploitation, “child sexual abuse,” “online enticement or grooming,” and “sextortion.”
The law prohibiting “child pornography” or “CSAM” includes written or audio materials (in addition to images and videos) of a sexual nature involving persons under 18 years of age. Computer-generated CSAM—if it includes the likeness of an actual person—might be addressed by the Cyber Crime Law, which prohibits the impersonation of a person by means of digital technologies) that results in some damage of any nature.
The legal age of consent for sexual activity is 14 years.
Regulatory requirements/recommendations
Regulatory obligations apply to internet service providers and businesses that make internet access available through their facilities, such as hotels, airports, shopping malls, etc. Online platforms are not required to screen or moderate content to detect, report, or remove any material related to online child sexual exploitation.
Age verification requirements/recommendations
Online platforms are not required to implement any method to verify the age of a user before allowing access to their services. Internet service providers and businesses offering internet access are required to restrict access to pornographic content based on a user’s age and to keep records of such authorizations, but no method of age verification is prescribed in the law.
Parental consent requirements/recommendations
Online platforms are not required to obtain parental consent before a child uses their services.
Legal remedies for child victims
The availability of legal remedies for victims of online child sexual exploitation is unclear.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.