Peruvian Regulator INDECOPI fines influencer for illegal gambling ads on Instagram

Written by Caro Vallejo

Alejandra Baigorria, a Peruvian businesswoman and influencer, has been sanctioned by the country’s competition and consumer protection agency, INDECOPI, with a fine of 47 Tax Units (UIT), equivalent to approximately €61,329.27. This measure is due to the promotion of gambling on her Instagram account, infringing legal provisions on advertising and prevention of gambling addiction, as reported by Peruvian media outlet RPP.

What is INDECOPI, and what is its role in the Peruvian gambling sector?

Indecopi is the state agency in charge of protecting consumers’ rights and guaranteeing fair competition in the Peruvian market. Its significance in the gaming industry lies in its ability to oversee commercial activities related to betting and online gaming, ensuring compliance with established legal and ethical standards.

INDECOPI imposed the fine after determining that Baigorria violated two essential principles: the principle of authenticity and the principle of legality. The influencer’s posts did not specify that they were advertising, nor did they include mandatory warnings about the risks associated with gambling addiction, as required by Law 31557.

Law 31557 regulates sports betting and iGaming in Peru, establishing clear regulations to prevent social problems such as compulsive gambling. One of its main requirements is that all advertising linked to gambling must include an explicit warning about the potential risks: “Excessive remote sports betting can cause gambling addiction”.

According to local media information, Alejandra Baigorria promoted the game “Minas o Mines de Meexbet” in 47 Instagram stories without complying with these provisions. According to INDECOPI, the posts were presented as personal recommendations, failing to disclose their commercial nature and omitting mandatory warnings about gambling addiction risks. This act constitutes covert advertising and violates the principle of authenticity, which requires that consumers can clearly identify when they are in front of paid content.

The consequences for Baigorria, as reported by several local sources, include:

  • Fine: 47 UIT, equivalent to 61,329.27 euros.
  • Immediate cessation: The influencer must refrain from any promotion of the game until she complies with current regulations.
  • Public registry: Her name will be entered in the Register of Offenders of the Commission for the Control of Unfair Competition.

This public registry serves as a tool to inform consumers and businesses about individuals or entities sanctioned for practices contrary to fair competition.

Gambling advertising in social media.

The case highlights the regulatory challenges of the growing iGaming market in Peru. With a structured legal framework designed to protect both players and the general public, authorities seek to avoid deceptive practices that can exacerbate social problems such as gambling addiction.

The fine imposed on Baigorria reinforces strict compliance with advertising laws while setting an example for other influencers and operators in the sector. Peru is a market where sports betting and online casinos generate significant revenues, so it is imperative to ensure transparency and social responsibility.

This case highlights how INDECOPI uses tools such as the Register of Violators to foster a fair, competitive environment by publishing sanctions for four years; this registry allows consumers and businesses to identify actors who have failed to comply with legal regulations, fostering better commercial practices.

Beyond the financial impact, the reputational repercussions could be long-lasting, especially in an industry where consumer confidence is key to maintaining successful business relationships.

This article was first published in Spanish on 2 April 2025.

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