Law that REGULATES THE EXPENDITURE OF ADVERTISING
FROM THE PERUVIAN STATE
Article 1. Advertising only in State media
As of the entry into force of this law, all public entities, including those of private law and those that are in special regimes, as well as state companies, local and regional governments may publicize their management tasks only. in the state media at cost.
Article 2. Free diffusion in digital network
These public entities must also subscribe accounts in the main applications of
Social networks, especially those that have the greatest diffusion and number of users and record their
communications, notices and other issues of social diffusion.
Article 3. Prohibition
All advertising in private media is prohibited, under responsibility. It is not considered as such the
journalistic work such as reports, interviews, press conferences and the like, which can be
develop freely without involving any payment to the media. Violation of this provision will be considered a crime of embezzlement.
Article 4. Exceptions
Cases of national disasters or emergencies declared by decree of
urgency, the electoral education campaigns by the electoral entities once the
elections.
Article 5. Regulatory framework for exceptions
In the cases permitted by article 4, the following prohibitions are established: a) Enter names or images that identify any authority or official or public servant. This prohibition also applies to the cases of advertising propagated in state media or on the digital network referred to in articles 1 and 2.
b) Agree on prices higher than the commercial rates of the medium. In no case may the contracted amount be greater than 10% of the total invoiced by the advertising medium as long as it does not exceed 0.25% of the
item of goods and services of the entity.
c) Contract advertising services with media that are not registered in the National Registry
of Suppliers or natural or legal persons who do not have authorization from the
current broadcasting service.
d) Contract state advertising services with means that maintain tax debts
enforceable in coercive collection.
Article 6. Publication of contracts
The entities or agencies referred to in article 1, under the responsibility of the owner of the statement that
corresponds, they must publish the advertising contracts, including annexes and addenda, as well as the criteria of
selection, on its respective institutional website, within a maximum period of five (5) business days following its
subscription.
SO:
The law having been reconsidered by Congress
of the Republic, insisting on the text approved in session
of the Permanent Commission held on the twenty-eighth
February two thousand and eighteen, in accordance with the
provided by article 108 of the Political Constitution of
Peru, I order it to be published and enforced.