Peru Defamation Laws: Civil & Criminal

In Peru, defamation is both a criminal offence and a civil wrong. The Penal Code (Codigo Penal) criminalizes injuria (Article 130), calumnia (Article 131), and difamacion (Article 132) as crimes against honor, and a person harmed can also recover civil reparation for the damage to their reputation.

Is defamation civil or criminal in Peru?

Defamation in Peru is both criminal and civil. The Penal Code (Codigo Penal, Decreto Legislativo No. 635) groups crimes against honor (delitos contra el honor) in Articles 130 to 138, distinguishing injuria, calumnia, and difamacion. These are crimes of private action, so the offended party, not a public prosecutor, must initiate and pursue the case. Independently, the victim can claim civil reparation (reparacion civil) for the harm to honor and reputation, which a court can order alongside a criminal sentence or, in the civil courts, as an extra-contractual liability claim. As of 2026, all three offences remain criminal in Peru, with difamacion being the most serious because it requires communication to multiple people in a way that can spread.

What counts as defamation

Under Penal Code Article 130, injuria is offending or insulting a person with words, gestures, or acts. Under Article 131, calumnia is falsely attributing a crime to another person. Under Article 132, difamacion is committed by anyone who, before several people, gathered or separate but in a manner that the news can spread, attributes to a person a fact, quality, or conduct that can harm their honor or reputation. Difamacion is the gravest of the three because it involves dissemination, and it is aggravated when the attributed conduct is a crime (overlapping with calumnia) or when it is committed through a book, the press, or another means of social communication. Article 133 provides that statements made with a defensive purpose by litigants, attorneys, or lawyers in interventions before a judge are not punishable injuria or difamacion.

Criminal defamation penalties

The Penal Code grades penalties by offence. Under Article 130, injuria is punishable by community service of 10 to 40 days or 60 to 90 day-fines (dias-multa). Under Article 131, calumnia is punishable by 90 to 120 day-fines. Under Article 132, basic difamacion is punishable by imprisonment of up to two years and 30 to 120 day-fines. Where the difamacion consists of falsely attributing a crime (as in Article 131), the penalty is imprisonment of one to two years and 90 to 120 day-fines. Where it is committed through a book, the press, or other social-communication media, the penalty rises to imprisonment of one to three years and 120 to 365 day-fines.

Defences

The key defence is truth, but it is tightly limited. Under Article 134, the author of difamacion can prove the truth of the imputations (exceptio veritatis) only in listed cases: when the offended person is a public official and the facts relate to the exercise of their functions; when criminal proceedings are still open against the offended person for the imputed facts; when the author clearly acted in the public interest or in legitimate defence of a personal interest; or when the complainant formally asks that the case continue to establish the truth or falsity of the imputation. Article 135 then bars the truth defence entirely where there has been a final acquittal on the imputed facts, or where the imputation concerns the family privacy of the offended party or facts amounting to crimes against sexual freedom.

Watch out: Truth is not a general defence to difamacion in Peru. It is admitted only in the specific situations listed in Article 134 and is expressly excluded in the cases set out in Article 135.

Remedies and civil reparation

A criminal court can impose the statutory penalties (community service, day-fines, or imprisonment) and also order civil reparation for the victim. The judge sets the reparation amount considering the gravity of the conduct, the damage to the complainant's honor and reputation, and the economic or social consequences for the victim. A victim may also pursue compensation as an extra-contractual liability claim in the civil courts. There is no fixed statutory cap on civil reparation; it is assessed case by case.

Limitation period

Because these are criminal offences, the time to prosecute is governed by the Penal Code's general prescription rules, which depend on the maximum penalty for the offence. For purely civil claims arising from the same conduct, the general civil prescription period for extra-contractual liability is two years. Anyone considering action should treat defamation as time-sensitive and confirm the precise period for the criminal or civil track they intend to use, because the two have different deadlines.

Online defamation

The offences in Articles 130 to 132 apply regardless of medium, so statements posted online or on social media can amount to crimes against honor. Difamacion through social-communication media is expressly aggravated under Article 132, carrying up to three years of imprisonment and higher day-fines, and Peruvian courts have applied the press-media aggravation to online publications that reach a wide audience. Because difamacion requires the possibility that the news will spread, posts visible to multiple users fit squarely within the offence.

How to bring a claim

Crimes against honor are subject to private action only (Article 138), so prosecutors do not pursue them. The offended party files a criminal complaint (querella) directly before the competent criminal court (in practice the unipersonal criminal court), personally or through a legal representative. A civil reparation claim can be resolved within the criminal case or pursued separately in the civil courts. Given the strict private-action procedure, the limited truth defence, and the prescription rules, this is general legal information rather than advice, and a Peruvian lawyer should confirm the correct forum and deadlines.

Frequently Asked Questions

Is defamation a crime in Peru?

Yes. Injuria (Penal Code Article 130), calumnia (Article 131), and difamacion (Article 132) are crimes against honor. Difamacion can carry up to two years of imprisonment, or up to three years when committed through the press or media.

What is the difference between injuria, calumnia, and difamacion in Peru?

Injuria (Article 130) is offending or insulting a person. Calumnia (Article 131) is falsely accusing someone of a crime. Difamacion (Article 132) is spreading harmful claims to several people in a way that can circulate, and is the most serious of the three.

Can you go to jail for defamation in Peru?

Yes, for difamacion. Basic difamacion carries up to two years of imprisonment, and difamacion through a book, the press, or other media carries one to three years. Injuria and calumnia carry community service or day-fines rather than prison.

Is truth a defence to defamation in Peru?

Only in limited cases. Under Article 134, truth (exceptio veritatis) is admitted for difamacion only in listed situations, such as statements about a public official's official conduct, and Article 135 bars it entirely in certain cases like family privacy or a prior final acquittal.

Who prosecutes defamation in Peru?

No one but the victim. Crimes against honor are private action only (Article 138), so the offended party must file a complaint (querella) before the criminal court. Public prosecutors do not pursue these cases.

How much can you sue for defamation in Peru?

In addition to criminal penalties, the court can order civil reparation set according to the gravity of the conduct and the harm to honor and reputation. There is no fixed statutory cap; the amount is assessed case by case.

Does Peru punish online defamation?

Yes. The offences apply to any medium, and difamacion through social-communication media (which courts have applied to online publications) is aggravated, carrying up to three years of imprisonment and higher day-fines under Article 132.

What is a querella in a Peru defamation case?

A querella is the private criminal complaint that the offended party files directly with the criminal court to start a case for injuria, calumnia, or difamacion, since these offences are prosecuted only by private action.