Peru: OSIPTEL modifies Net Neutrality Regulation

In brief

On 12 January 2023, the official journal "El Peruano" published Board of Directors Resolution No. 003-2023-CD/OSIPTEL amending Article 13, paragraphs 5 and 18, Annex II and item 8 of Annex V of the Net Neutrality Regulation, approved by Resolution No. 165-2016-CD/OSIPTEL ("Regulation").


Contents

In more detail

The amendments to the Regulation will allow telecommunication operators to implement filtering and blocking measures for services and applications without prior authorization from OSIPTEL in compliance with contractual obligations with the state or administrative acts issued by competent authorities in the exercise of their functions or based on a regulation with the status of law.

The previous version of the Regulation allowed the implementation of the filtering and blocking measures for services and applications in compliance with contractual obligations or specific regulations. With the provisions made in the current Regulations, the implementation of filtering and blocking measures for services and applications will be maintained in cases of contractual compliance, but it may also be carried out by mandate of administrative acts and with respect to the provisions of a regulation with legal status.

It should be borne in mind that, although it is not required to have authorization for the implementation of the filtering and blocking measures for services and applications, OSIPTEL is authorized to take subsequent control over the actions taken by telecommunication operators. This is to corroborate that the measures implemented were carried out in the cases provided for in the Regulation.

We hope that the information has been useful for your company. Do not hesitate to contact us if you require advice on telecommunication services.

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