Peru: Law No. 31814

1. Overview

The aim of Peru’s Law No. 31814, scheduled to become law on July 5, 2023, is to utilize artificial intelligence (AI) for the development of social and economic progress in the country. It indirectly affects the production and dissemination of AI-generated content because it sets forth some basic principles for the moral and transparent use of AI, although it does not explicitly target deepfakes.

2. Scope of the Law

Human rights, transparency, and ethical use are put at the top in this act, aimed at the development and use of AI technology. Although deepfakes are not addressed directly in the act, the criteria stated in it apply to all AI-created content that could undermine public trust or individual rights. It includes developing and disseminating AI products, with exempted use for research, satire, or journalism.

3. Key Provisions

Prohibited Acts: There is no stipulation of particular acts that are prohibited when deepfakes are involved in the law.

Consent Provisions: There is no reference to seeking consent by the law when content generated by AI is an issue.

Platform Requirements: The law does not indicate any particular requirements about removing or handling deepfakes on platforms.

4. Penalties & Enforcement

Law No. 31814 has no sanctions for the violation of AI abuse or deepfakes. Information on enforcement and sanctions will probably be included in future rules or other legislation.

5. Important Cases or Precedents

There has not been reported public case law in Peru to date on deepfakes under Law No. 31814.

6. Comparison to International Standards

As opposed to such deeper attempts as the European Union’s AI Act, Peru’s Law No. 31814 is a little informal in language and lacks specific provisions for the battle against deepfakes or AI disinformation. It does indicate a preference for future legislation using stricter definitions.

7: Practical Implications

Peruvian producers and platforms have to be careful when creating or sharing AI-generated content. Ensuring all this is in accordance with the legal framework for moral and open usage of AI is of the utmost importance. There are hardly any legal avenues for victims of harmful deepfakes at present, hence emphasizing the importance of reporting such offenses to concerned authorities and advocating for greater protections.

8. Future Prospects

Peru is contemplating new law that would provide more specific regulations and enforcement practices in relation to AI and deepfakes. These new measures would strengthen the artificial intelligence laws and close existing loopholes.