The latest available official data from the Superintendence of Telecommunications ("SIT") (second semester of 2024) shows eight active Local Network Operators offering telephony services in the country, and 113 active registered Commercial Network Operators.

The two main players in this market are Tigo and Claro, offering mobile and fixed telephony, internet and cable television to homes and businesses. Significant parts of their activities include prepaid mobile phones and digital television, especially offering various sports programming and alliances with some streaming services. 

As reported by SIT at the end of 2024, Claro had 81.60% of a total of 1,983,274 fixed telephone lines, while Tigo had 18.38%. Mobile lines total 20,710,994, with a share of 55.97% for Tigo and 44.03% for Claro. Of these, 18,298,373 (88.35%) are prepaid mobile phones. Mobile users are, by far, a majority, making up 91.26% of lines in operation, to only 8.74% fixed line users.

SIT reports a total of 982,517 fixed broadband users, as well as 16,945,667 smartphones operational in Guatemala. 61% of smartphones (10,392,659) operate with Tigo. 99.99% of all mobile broadband data traffic (local and roaming) was generated by Tigo users.  

At the end of 2024, fixed telephony in Guatemala had 1,983,274 users, up from 429,712 in 1997 (the first year after enactment of the General Telecommunications Act). Mobile telephony, on the other hand, had 64,194 users in 1997, growing to 20,710,994 by the end of 2024.

Claro and Tigo have deployed 5G technology in their telephone offerings, starting with the country’s capital and continuing to expand infrastructure to widen coverage.

Starlink has begun offering satellite services in the country and, as reported by the Superintendent of Telecommunications in late 2023, Amazon is in the process of setting up the launch of Project Kuiper in Guatemala.

The Guatemalan Congress enacted a Competition Act in late 2024, which will come into full effect in December 2026. It contains provisions on merger control and anticompetitive conduct. Implementation and enforcement will need to be harmonized with preexisting rules and procedures in the telecommunications sector, both substantially and as relates to coordination between the Superintendence of Competition and the Superintendence of Telecommunications. 

The main laws governing telecommunications in Guatemala are:

• General Telecommunications Act (Congressional Decree 94-96) ("GTA").
• Radiocommunications (Broadcasting) Act (Decree-Law 433 of the Chief of Government) ("RBA").
• Act Regulating Use and Reception of Satellite Signals and Their Distribution by Cable (Congressional Decree 41-92) ("Cable Act").
• Mobile Terminal Equipment Act (Congressional Decree 8-2013).
• Regulation for the Provision of International Telephone Service (Government Accord 408-99).
• Regulation for the Exploitation of Satellite Systems in Guatemala (Government Accord 574-98).
• Decision SIT-DSI-378-2020 of the Superintendence of Telecommunications, governing Earth Stations In Motion ("ESIM").
• Decision SIT-3709-2014 of the Superintendence of Telecommunications, governing Satellite Data Service ("SDS") and Direct-to-Home Satellite Broadcasting ("TSDH").

Other laws regulate specific aspects relevant to telecommunications services. For example, the Act Against Organized Crime (Congressional Decree 21-2006) and the Regulation for the Application of Special Investigative Methods (Government Accord 158-2009, in application of Decree 21-2006), contain rules and obligations related to lawful intercept and data retention.

The Superintendence of Telecommunications ("SIT"), a technical organ of the Ministry of Communications, Infrastructure and Housing (part of the Executive Branch), is the regulatory authority for the sector. 
SIT issues rules governing aspects such as administrative procedures and fees, as well as broader regulations developing satellite telecommunications under new technologies and services. 

The GTA (Article 22) states that contractual conditions and prices for providing all types of commercial telecommunications services shall be freely stipulated by the parties and not subject to regulation or approval by any authority, except as it concerns access to essential resources, as regulated by the GTA itself.

All Commercial Network Operators ("CNO") must register before SIT and comply with the general basic requirements. There are specific requirements for authorization to provide telephony service and to operate international ports, as well as a registration requirement for those who commercialize mobile equipment and SIM cards.

There are also specific licenses for activities related to satellite systems, including landing rights (providers of satellite facilities) and for providing satellite telecommunications services (users of satellite facilities) to end users. These requirements, as well as those applicable to different forms of radio and television services, are explained elsewhere in this questionnaire. 

There are no foreign ownership restrictions on telecom operators. Furthermore, Guatemala has a specific Foreign Investment Act (Congressional Decree 9-98) guaranteeing, among other things:

• Equal treatment and enjoyment of constitutional rights to both foreign and local investors.
• The right to take part in any legal economic activity within the country.
• The right to repatriate to foreign countries any profit generated in Guatemala.
• The right to transfer capital out of Guatemalan territory.

As a WTO member, Guatemala applies the most-favored-nation and national treatment principles in legislation on various trade-related matters. 

Service prices are freely determined, under Article 22, GTA.

From a strictly telecom perspective, regulatory approval is not required for license transfers or corporate control changes in the sense that SIT may object to a proposed transfer or change. It is, however, necessary to notify SIT when such transfers or changes entail, for example, a change in the name of a registered CNO or the transfer of a license as a user of satellite facilities.

Corporate control changes (including changes in rights of use over assets) may require approval from the Superintendence of Competition if they fall under the general rules of the Competition Act governing economic concentration. Among other aspects, thresholds that trigger the requirement are set in relation to combined total assets or turnover in Guatemala, not by percentage of market share. This legislation has been recently enacted, and its substantive provisions will take effect in December 2026. Its implementation will require further regulations (not yet issued as of October 2025), including rules on coordination with sector-specific authorities such as SIT.     

There are no universal service obligations in Guatemala, although some legislative bills have been (thus far, unsuccessfully) proposed.

The GTA establishes that the interconnection of commercial telecom networks shall be freely negotiated between the parties. Interconnection contracts are not subject to special formalities, but SIT may require operators or providers to register legalized copies of the contracts.

SIT may require commercial network operators to offer leased circuits at flat rates with cost-oriented pricing, in reasonable and non-discriminatory terms and conditions.

SIT may also require important providers (as defined in WTO obligations) to provide or offer access to unbundled fixed network elements, co-location of necessary interconnection equipment, and services resale, in terms, conditions and cost-oriented rates which are reasonable, non-discriminatory and transparent.  

Commercial network operators must provide access to essential and additional resources to any operator that requests it, with the corresponding payment, in the requested quality and nodes as technically feasible.

Operators have a right to contractual conditions similar to those in force with other operators in similar circumstances. Access to essential resources may not be suspended except upon expiration or violation of the contract, or force majeure.

Providers of telecommunications services shall grant treatment no less favorable than that granted to their subsidiaries, affiliates and unaffiliated providers with respect to the availability, provision, fees and quality of similar public telecommunications services, and to the availability of technical interfaces necessary for interconnection.

If the parties do not reach a negotiated agreement for access to essential resources within forty days (or a voluntary extension), they may ask SIT to decide. The decision will result from a special procedure involving opinions issued by experts, selected by the parties from a pre-approved list by SIT. This procedure also applies to conflicts regarding access to additional resources, leased circuits, unbundling, co-location and resale.

Obligations on resale, number portability, dialing parity, unbundling of network elements, interconnection, leased circuits, co-location, and access to rights-of-way are not applicable to operators of mobile and rural commercial services.  

There are no general statutory obligations to block or filter internet content under specific conditions. However, internet content may be blocked by court orders arising, for example, from proceedings for copyright infringement. 

The Guatemalan Constitution states that radioelectric frequencies are State property. The use, utilization and exploitation of spectrum may be carried out only as prescribed in the GTA. Frequency bands are classified as reserved, regulated and for use by amateur radio.

Use of regulated frequencies is assigned through titles issued by SIT, representing a right of usufruct, commonly known as "TUFs", based on their Spanish acronym. They are valid for twenty years and may be extended for equal periods.

Satellite network operators must have spectrum use rights clearly established through international treaties, conventions or agreements ratified by Guatemala; through a TUF; or through an operating license.

A TUF will specify the frequency range, stating the operating schedule, the geographic area of influence, the maximum effective radiation potency, and the maximum intensity of the electric field or maximum potency admissible in the contour of the coverage area. It will also contain a number identifying the TUF, the date of its issue and expiration, the name of its holder, and a blank space for endorsements or annotations.  

TUFs may be wholly or partially traded or leased, thus creating a secondary market for spectrum. Transfer of TUFs is made by endorsement and must be registered before SIT. Upon partial transfer, the original TUF will be canceled, and two new titles will be issued.

TUFs are awarded through a petition from the interested party to SIT. The petition is made public and, if other parties file an expression of interest in acquiring it, SIT shall open the band to public auction. The requested band may be fractioned by SIT if this is considered necessary to promote competition in the telecoms market.

SIT may only deny requests for frequency bands when: (a) current technology makes them impossible to define as suggested by the applicant; (b) their granting would violate international treaties, conventions or agreements ratified by Guatemala; or (c) they refer to bands previously granted to other parties, or to reserved or amateur frequencies. Third parties may file opposition to the request, alleging that its granting would harm their legitimate interests.

The GTA states that the installation of telecommunications networks implies the ability to install them on common-use public property through the establishment of easements or any other right, with the obligation to comply with applicable technical regulations and with municipal and zoning ordinances.

Easements or other rights affecting non-common public property or private property must be agreed to between the parties and shall be governed by the general applicable rules, such as the Civil Code.

Guatemala’s territory is divided into 340 municipalities, i.e., 340 local governments empowered by the Constitution and statutes (such as the Municipal Code) to enact regulations on matters such as zoning, the use of public roads and other public spaces, and the use of common or non-common municipal property. Within these powers, each municipality has different rules regarding the installation and use of support structures for telecommunications activities. 

While there have been many challenges to the constitutionality of municipal rules affecting telecom and television infrastructure, and thus many rulings from the Constitutional Court clarifying or expounding on certain aspects, they have been related almost exclusively to the ability of municipalities to impose fees for activities such as installing towers, poles and cables. Thus, such precedents are more a body of tax law than of telecom law and depend greatly on how fees have been designed in each case.   

Passive telecom infrastructure is governed, in general terms, by the GTA provisions explained above, including those on additional resources, which include access to rights of way and to submarine cable systems and platforms.

Each municipality has issued different local regulations on the matter. Some have observed that efforts towards regulatory harmonization and coordination are necessary to improve incentives for investment.

For example, the Municipality of Guatemala (the country’s capital and largest city) issued regulations for the implementation, use and administration of a Sole Municipal Pole ("PUM", by its Spanish acronym) for infrastructure related to data transmission, internet, telephony and cable television services. 

The landing and operation of submarine cables require authorization from the National Maritime Authority, which is the Ministry of Defense. Specifically, it is filed before the Department of Hydrography and Oceanography, an office within the Ministry’s General Directorate of Maritime Affairs ("DGAM", by its Spanish acronym). 

The application must include a bathymetric survey previously approved by DGAM; technical plans and specifications on routes, equipment, vessels, timeline, etc.; vessel certificates and licenses; an insurance policy; and an environmental impact assessment previously approved by the Ministry of the Environment and Natural Resources. 

Regulation 574-98 applies to both GSO satellites and NGSO constellations. The difference will be the annual fee (per satellite, per system) to be paid. Satellites for use exclusively in research or related activities are exempt from payment.

There are two types of operating licenses that may be issued by SIT:

• As a provider of satellite facilities ("PSF") (landing rights), authorizing to radiating of a signal over Guatemalan territory through a satellite or satellite system, through contracts with authorized users of satellite facilities. The license will establish the technical, operational and legal conditions for use in telecommunications activities in Guatemala. This license does not enable its holder to install and operate telecommunications networks in the country, for which the applicable requirements (such as registration as a user of satellite facilities and a commercial network operator) shall be met.
  
  To obtain landing rights in Guatemala, the applicant must file a petition before SIT, including:
  • Certification of acting as the owner of the satellite facilities or through delegation.
  • Notarized copy of documents showing the creation and legal representation of the legal entity, or the identity of the applicant if it is an individual.
  • Documents issued by competent authorities, showing results of procedures for coordination, notice and registration of frequency assignments to the satellite system before ITU. 
  • Document designating one or more technical representatives before SIT.
  • List of satellites or a constellation of satellites through which the satellite facilities are to be provided, including technical information specified in the Regulation. 
  • Declaration guaranteeing non-discriminatory treatment to potential users.
  • Statement of an address to receive notifications in Guatemala.
• As a user of satellite facilities ("USF"), authorize the use and commercialization of satellite facilities. Individuals or entities authorized to provide telecom services or to carry out telecom activities in Guatemala (such as those registered as commercial network operators) may directly agree on the use with any provider registered before SIT. User applicants must file a petition before SIT, including:
  
  • Legalized copy of the contract between the provider and the applicant.
  • Certificate issued by the provider indicating the orbital position of the satellite, satellites or constellation through which they intend to operate, associated frequencies assigned by ITU, and bandwidth to be used.
  • Technical specifications of the earth station or stations through which they will use the facilities, as specified in the Regulation for uplink or downlink stations. 
    PSF licenses are valid for ten years and may be renewed for equal periods. USF licenses are issued for a period equal to the duration of the contract between provider and user, up to ten years. If the contract is longer, the user may request an extension within sixty days prior to the license’s expiration. A USF license will cease to have effect when, for any reason, the contract between provider and user is terminated. In such cases, the provider must notify SIT of the termination within the following five days.  

Regulation 574-98 requires satellite uplink and downlink ground stations to be authorized and registered by SIT, except for global radiocommunication equipment and satellite broadcasting receivers. All changes to stations due to changes in technology, capacity increases or frequency offsets must be previously reported to SIT. Stations linked to PSTN must also be registered by SIT.

The ABA requires all radio and television broadcast stations to be authorized by the Ministry of Communications, Infrastructure and Housing, and to be built and installed in accordance with the provisions and requirements of the ABA, with plans, memories and diagrams approved by the Ministry with prior opinion from the DGRTN.

The Cable Act also designates the Ministry of Communications, Infrastructure and Housing as the authority in charge of authorizing the installation, functioning and control of home and commercial ground stations, in accordance with the Cable Act and the RBA. 

Regulation 574-98 defines satellite broadcast services as any in which signals issued or retransmitted by space stations are destined to direct reception by the general public. It also defines global radiocommunication services, as communication services provided directly to end users through the use of satellite facilities at a regional or global level.

Providers must register before SIT and obtain landing rights in Guatemala. Users of satellite facilities whose earth stations receive audio and/or television signals from satellite broadcast services, to retransmit and distribute through their own networks, must formalize contracts with providers holding landing rights in the country. Signals for these services must be codified.     

Guatemala has no requirements for homologation or certification of telecommunications devices. SIT issues an optional “notice of dispensation” stating that no homologation is required if companies wish to have an official statement covering specific equipment to be commercialized in the country. 

As of 2018, citing data from SIT, the spectrum in Guatemala had a total of 4,431 frequencies, of which 1,543 were used for cable TV, 457 for broadcast TV, and 726 for radio. Grupo Albavision, a multinational media conglomerate founded by a Mexican-Guatemalan national originally as a distributor of Mexico’s Televisa, held 46.6% of TV frequencies.

Pay TV also has Claro TV and Tigo TV as its main players, with market shares of 20% and 37%, respectively. As of 2020, there were 844,990 Pay TV subscribers, with Tigo TV being the only provider showing upward growth.

According to a 2022 news report, citing statistics from a business association, nearly 400 cable TV providers operate in Guatemala, but only 50 of them provide service to around 75% of users. The latest official census (2018) showed that 55% of households have access to cable TV, in addition to 16% of the population that only has access to traditional open broadcast TV, while 17% of households have no television device at all. Out of all households covered by the census, 88.1% had access to electricity, of which 65% had at least one radio, 71% had at least one television, 79% had at least one computer, and 17% had internet service. 

The main laws applicable to audiovisual communication services are:

• General Telecommunications Act (Congressional Decree 94-96) ("GTA").
• Radiocommunications (Broadcasting) Act (Decree-Law 433 of the Chief of Government) ("RBA").
• Act Regulating Use and Reception of Satellite Signals and Their Distribution by Cable (Congressional Decree 41-92) ("Cable Act").
• Copyright and Neighboring Rights Act (Congressional Decree 33-98). 
• Regulation for the Exploitation of Satellite Systems in Guatemala (Government Accord 574-98).
• Public Spectacles Act (Presidential Decree 574) ("PSA"). 
• Decision SIT-3709-2014 of the Superintendence of Telecommunications, governing Satellite Data Service ("SDS") and Direct-to-Home Satellite Broadcasting ("TSDH").

Within their respective spheres of competence, both the Superintendence of Telecommunications ("SIT") and the General Directorate of National Radio and Television Broadcasting ("DGRTN", by its Spanish acronym, also known as TGW Radio) exercise oversight and specific functions in the sector. Both SIT and DGRTN are offices of the Ministry of Communications, Infrastructure and Housing. 

Traditional broadcasting is regulated in the RBA, which establishes a licensing system known as broadcast concessions. Concessions to exploit commercial stations for radio and television channels are granted by the Ministry of Communications, Infrastructure and Housing for up to twenty-five years and are renewable for equal periods.

Parties interested in obtaining a concession must file an application before the DGRTN. The petition is published in the Official Bulletin, granting a period for potential objections. Afterwards, the DGRTN will issue an opinion and elevate the petition to the Ministry, which will rule on the petition and the opposition. Once the concession is granted, the applicant must post a guarantee in favor of the State up to the time of entry into operation.

The administrative act granting the concession will specify the holder, the duration, the assigned frequency or channel, the station’s name and callsign, the location of transmission equipment, the authorized potency, the radiator system with its technical specifications, the schedule of operation and any other necessary conditions or requirements.

The Cable Act applies to the use and operation of ground stations receiving signals from satellites and distributing them through cable or any other known means. Regulation 574-98, when defining satellite broadcast services, explicitly excludes television signals distributed through artificial guides from the Regulation’s scope of applicability. Thus, cable television remains governed by the Cable Act.

The interested party must file an application for a cable license with the Ministry of Communications, Infrastructure and Housing. The Cable Act does not foresee a period of publication and opposition, as does the RBA. Commercial station licenses will be granted for fifteen years, and the holder will have priority right to file for extensions. Home stations may be licensed for an indefinite period.

Television may be provided through satellite broadcast services, in which case providers will require a landing rights license and/or a license as users of satellite facilities, with the application procedure and duration explained above. SIT handles Direct-to-Home Satellite Broadcasting ("TSDH") as a special kind of USF license, with the same basic procedures and duration.

The PSA includes film and television companies under its applicability. The Directorate of Public Spectacles (currently General Directorate of the Arts), an office within the Ministry of Culture and Sport, issues film ratings, licenses for artistic performances and conferences, for nightclubs and restaurants featuring live music or dance halls, for local and foreign circuses, for theater plays and for movie theaters. It may also issue, upon voluntary petition from an interested party, a declaration that a specific matter is not under its purview or jurisdiction. The PSA dates from 1956 and is widely considered outdated regarding advances in the technology and operations of the entertainment industries, as well as constitutionally inadequate from a free-speech perspective. Although various bills have been drafted to replace it, none have thus far been passed into law. 

Under the RBA, broadcast concessions may not be transferred. The only transfer allowed under the Act is to the heirs of the concession holder, when it is an individual (corporations and other legal entities may also hold concessions).

Under the Cable Act, the sale, transfer or lease of any ground station or of the cable distribution network requires prior authorization from the Ministry of Communications, Infrastructure and Housing.  

The RBA originally allowed granting concessions only to Guatemalan nationals or to entities with at least 75% Guatemalan shareholders or partners. This specific provision was repealed by the Foreign Investment Act, thus allowing foreign ownership without limitation.

However, a concession may be revoked when the entity holding it has foreign States or governments, or companies owned by foreign States or governments, as direct or indirect shareholders or partners. 
It may also be revoked when the holder changes their nationality. This provision applies to individuals.

Furthermore, although the nationality of legal entities is a matter of discussion in International Private Law, Guatemala does recognize entities created under Guatemalan Law as Guatemalan entities, under Article 76 of the Nationality Act (Congressional Decree 1613 of 1966).

Also, the RBA states that the holder of the concession (if an individual) or the legal representative of the entity holding the concession shall be, for legal purposes, considered as the station’s director, which in all cases must be a Guatemalan national.

Thus, foreign ownership under the RBA is allowed only in the case of foreign private entities. 
Similarly, the Cable Act originally allowed granting licenses only to Guatemalans or to entities with at least 70% Guatemalan shareholders or partners. This provision was also repealed by the Foreign Investment Act. 

There are no specific limits to the number of licenses that can be held. However, the RBA does contain a general provision stating that the Ministry of Communications, Infrastructure and Housing must prevent abuse in the granting of broadcast licenses (concessions), and regulate the use of repeaters and link systems, to limit the operation of companies tending to absorb this activity to the detriment of the State or of third parties. 

The DGRTN authorizes and registers:

• Voice-over artists.
• Radio and TV commercials.
• Broadcasting technicians.
• Newscasts.
• Destocking of radiophonic equipment.

In general, DGRTN oversees compliance with legislation related to commercial advertisements, programming and content on radio and TV stations.

The Cable Control and Supervision Unit ("UNCOSU", by its Spanish acronym), also an office within the Ministry of Communications, Infrastructure and Housing, registers all documents pertaining to the legalization of intellectual property rights or exhibition rights related to individual programs or to the programming, in whole or in part, of a given channel, as well as special events, executed between the rights holders and the concessionaries of commercial earth stations, open TV channels in UHF or VHF. It also oversees and registers other matters of compliance with the RBA.

The General Directorate of the Arts, an office within the Ministry of Culture and Sport, oversees compliance with the PSA.

Transmission of programs from other broadcasters, foreign or national, requires prior authorization of the originating broadcaster and the DGRTN.

Please see answer to question 31.

The RBA states that radio and television stations have the obligation to contribute to the development of the national radiophonic art, for which they must include national artists in their programming. Radio stations must also include music composed by Guatemalans in at least 25% of their daily programming.

Broadcast stations may only hire as announcers Guatemalans certified by the DGRTN. The office may authorize the temporary hiring of foreign announcers in certain cases. Directors of radio or television newscasts must be Guatemalans who graduated as journalists or are affiliated with a legally existing journalism organization. Radiocommunications technicians serving stations must be Guatemalan, but the Executive Branch may authorize the hiring of foreign technicians in accordance with labor legislation.

Radio and television stations must transmit, without cost, government notices related to security, defense, public order, and prevention or remedy of public disasters, as well as any notice related to endangered air or sea vessels or other vehicles seeking help. 

The Cable Act states that the operation of cable systems must not in any way interfere with the reception of television signals broadcast in the same area of service.

Signals from open channels used or administered by State offices or public institutions must be distributed in full, without cost, and with no cuts or mutilations of any kind. UHF and VHF channels of State offices or public institutions must be retransmitted in the same channel number that identifies them.

Commercial ground stations must install and reserve frequencies for three channels, within their cable television system, for use by the universities legally operating in the country, the Ministry of Culture and Sport, and the Presidency of the Republic.  

As a rule, the RBA requires radio and television stations to maintain a “prudent equilibrium” between commercial advertising and the rest of programming. Public-owned stations, except cultural ones, cannot exploit broadcasting for commercial advertising.

Under the RBA, radio jingles or advertisements must be produced in Guatemala. Radio stations may air foreign-produced programs up to 5% of their daily programming, compensating such programs with double those of the same nature produced by Guatemalan artists. Cultural and informative programs are exempt from this provision.

Television commercial advertisements produced abroad must pay import duties. They must be compensated with another ad made in Guatemala for the same product or service, or for others produced or commercialized by the same advertiser.  

All television and radio stations must identify themselves at least every half hour, stating in Spanish their callsign, name and location.

The Cable Act allows cable providers to introduce advertising into their cable television systems, with prior authorization from the Ministry of Communications, Infrastructure and Housing. 

The RBA prohibits broadcasting of:

• News, messages, or propaganda of any kind that are contrary to state security or public order.
• Messages that refer to the services provided by the state to individuals in the areas of telephones, telegraphs, and telecommunications.
• Broadcasts that are derogatory or offensive to civility and national symbols, insulting to religious beliefs, and those that promote racial discrimination.
• All kinds of vulgar comedy or offensive sounds.
• Broadcasts that cause or may cause corruption of language, and those contrary to morality or good customs.
• Broadcasts that are harmful to children or youth.
• Broadcasts that condone crime.
• Exaggerations or falsehoods about the characteristics of each station, and those that harm or undermine the interests of others.
• Gambling advertisements. Only contests, sweepstakes, and raffles authorized by the relevant authority will be permitted.
• Advertisements and propaganda for industrial or commercial products or activities that seek to deceive the public or cause or may cause harm by exaggerating their properties, uses, applications, and benefits.
• Advertisements for medicines not authorized by the Ministry of Health.
• The simultaneous or delayed retransmission, in whole or in part, of programs originating from foreign or national broadcasters, without the prior authorization of the station of origin and the DGRTN.
• Greetings, song requests and dedications. Those broadcast by radio stations in their programs shall be considered commercial advertisements and shall be subject to the provisions of Article 29, RBA.
• Announcements of collections of money or any kind of goods, if they are not duly authorized by the respective government agencies.
• The voices of persons not employed by the station, without the prior authorization of the respective licensee, radio journalist, or commentator.

It should be noted that the RBA was enacted in 1966 by a de facto military government, in the first period of the country’s internal armed conflict within the broader global scenario known as the Cold War. Its date and context may explain some provisions that, today, perhaps seem more difficult to reconcile with free speech guarantees under the 1985 Constitution. However, the constitutionality of such provisions has yet to be challenged, and no significant controversies related to them have arisen.

The only one that has been challenged, and struck down by the Constitutional Court in 2004, was a provision requiring radio and television stations to transmit government content in certain conditions (different from the general rule on emergency notices mentioned above). More recently, the Court has adopted a more free-speech oriented analysis on broadcasting, departing from a prior approach that emphasized it as also a commercial activity and a use of spectrum as State property.

Commercial broadcasters, when advertising alcoholic beverages, must abstain from combining or alternating them with propaganda relating to hygiene education and nutritional improvement.

The Cable Act also forbids the transmission or retransmission of programming or events contrary to morality and good customs.

Guatemala is a part of the United Nations Convention on the Rights of the Child, which includes provisions requiring member States to adopt appropriate guidelines to protect children from information and material injurious to their well-being. Thus, the Integral Protection of Minors (Children and Youth) Act (Congressional Decree 27-2003) requires the State to classify and supervise all forms of communication, including radio, television and cable programming, that may be harmful to minors. The State must verify that stations having children, youth, family or adult programming schedules make them previously known, so that parents and guardians may limit access to content under their own responsibility. The Act also requires mass media, among other things, to inform the public of the rating and content of programs before and during their broadcast. The Act and other legislation also require the media to aid in finding missing children.  

The Health Code (Congressional Decree 90-97) regulates all advertising related to tobacco, alcoholic beverages, wines, beers and fermented drinks, including through radio, television and electronic means. Such advertising must have prior approval from the Ministry of Public Health and include certain mandatory notices related to its potential harmful effects. It cannot be included within children’s programming schedules. It also states that all advertising related to pharmaceutical products must be governed by ethical standards, providing reliable, accurate, balanced, and up-to-date information. The Code further prohibits all advertising and labeling that attributes therapeutic properties to food or that is false or misleading in relation to its nature, ingredients, qualities, properties or origin.

The Consumer and User Protection Act (Congressional Decree 6-2003) contains general rules on advertising, including basic information requirements and the prohibition of false or misleading advertising. 

There is no public registry for advertisers as such, nor any reciprocity obligations. Advertisers and advertising agencies are subject to the general registration obligations of any merchant or commercial entity, and specific ones that may apply by reason of their activity (such as Commercial Network Operators, government contractors, etc.), but not due to their activity as advertisers or advertising agencies specifically.

The Cable Act creates a specific tax of Q.1.00 per month per subscriber on commercial station license holders, payable to DGRTN. They must also pay a one-time tax or fee for their authorization, based on their number of subscribers: Q.500.00 for 75-100 subscribers; Q.2,500.00 for 101-1,000 subscribers; Q.5,000.00 for 1,001-10,000 subscribers; Q.10,000.00 for more than 10,001 subscribers.

The Cable Act also states that municipal authorities may charge commercial license holders for authorizing the installation of cables or retransmission equipment on public roads. This tax is Q.2.00 monthly per subscriber, in the country’s capital and in departmental capitals, and Q.1.00 per subscriber per month in other municipalities. It applies to cable television, telephony and data transmission.

Providers of satellite facilities (landing rights holders) must pay the following administrative fees to SIT:

• GSO satellites for commercial communications: USD7,000.00 per year for each registered satellite.
• Satellites used for broadcasting: USD 8,000.00 per year for each registered satellite.
• NGSO constellation: USD 12,000.00 per year.
  Users of satellite facilities must pay the following administrative fees to SIT: 
• Users transmitting/receiving from GSO satellites bandwidth over 100 KHz: USD 800.00 per semester for each enabled carrier.
• Earth stations receiving satellite broadcasts for redistribution through an artificial guide: USD 650.00 per year for each registered earth station.
• Users providing services with bandwidth of 100KHz or less: USD 150.00 per semester for every 12.5 KHz of bandwidth.
• Users providing access to Mobile Satellite Service ("SMS"): 0.5% of total invoices to end users, payable at the end of each semester.
• Providers of Satellite Data Service ("SDS") and Direct-to-Home Satellite Broadcasting ("TSDH"): USD 7,000.00.
• ESIM blanket licenses (valid between one to five years): USD 500.00 per year per type.
  The taxes and fees contained in this answer do not exclude other applicable ordinary taxes, such as Income Tax or VAT; administrative fees associated with the granting of licenses and issuing of registration certificates, or for registration as a Commercial Network Operator ("CNO") when applicable and required, etc. 

There is no specific regulation on OTT platforms. The Guatemalan Tax Authority has repeatedly stated its intention to tax and supervise OTTs and other online services active in Guatemala. However, it has also stressed the need to modernize legislation to facilitate this, and while it has expressed its disposition to pursue legal action against streaming services to collect taxes, no such action has yet been made public.
 

There is no main regulatory framework governing artificial intelligence in Guatemala, nor any sector-specific regulations. Therefore, there are no oversight authorities.

As of October 2025, there are no draft bills or ongoing public consultations on substantial and comprehensive IA regulation. However, Congress is currently studying Bill 6465, which proposes the creation of a national system for the protection of critical infrastructure. The office in charge of critical infrastructure protection, as proposed, would include a specific unit for IA, but no concrete rules on IA are contained in the Bill.  

The Human Rights Ombudsman’s Office published a book on AI and human rights in 2024, with discussions on IA as related to privacy, discrimination, and transparency in decision-making, and its impact on access to justice, health and education. Other public institutions, such as the Judiciary Branch, have carried out training for their personnel on the legal implications of AI, though no formal normative sources are yet in place.

There is no mandatory requirement to provide AI-based services under the Guatemala regulations, nor are any AI technologies considered high-risk or prohibited.

While there is no official recommendation on best practices, some institutions (such as universities, think tanks, or trade associations) have begun adopting guidelines on the matter.  

The Human Rights Ombudsman’s Office published a book on AI and human rights in 2024. The book includes discussions on AI as related to privacy, discrimination, and transparency in decision-making, and its impact on access to justice, health and education. Under its constitutional and statutory mandate, the Ombudsman’s Office could take case-by-case action on such matters (such as seeking judicial protection against violations in specific cases), even in the absence of specific regulations. Legal criteria, up to and including binding precedent from the Constitutional Court, could arise from such cases, though to date, there are none.

There is at least one case (see Constitutional Court Docket No. 7868-2024, ruling of August 27th, 2025) in which the State Attorney’s Office (different from both the Human Rights Ombudsman’s Office and the Public Prosecutor’s Office, which could also file similar petitions) has filed for judicial protection of minors in a private school, following cases of distribution of sexually explicit deepfakes without consent. The Office is petitioning the judge, among other things, to order the school to implement internal policies for addressing these matters. Thus, policies and practices could eventually originate from cases like these. 

General regulations are applicable to artificial intelligence, insofar as activities involving AI may fall under broad legal categories or conduct.

The most basic and general legal sources in Guatemala are the Civil Code and the Criminal Code. There is also general regulation on data privacy and Intellectual Property in sources such as the Access to Public Information Act, the Copyright and Neighboring Rights Act, and the Industrial Property Act. 

The Constitution guarantees basic human rights, which, through adjudication, could be made effective in specific cases related to AI, as mentioned above. International and regional treaties, as well as international standards and rulings derived from their application, have great relevance in Guatemala for matters of human rights, so this could be another source of legal criteria in specific cases, even in the absence of local regulations. 

Guatemala has no specific legislation on cybersecurity or data protection, although general basic rules are contained in the Criminal Code (which establishes certain types of cybercrime) and the Access to Public Information Act (which establishes basic definitions and protections for private data). A National Cybersecurity Strategy was adopted by the Ministry of the Interior in 2018, as a first step towards establishing guidelines and goals based on the National Security Policy. The National Security Policy was updated in 2024.

In 2020, the Ministry of Defense created a Cyber Incident Response Center ("CRIC", by its Spanish acronym), which cooperates with various actors, including public and private institutions, tasked with conducting operations for the protection of critical infrastructure related to information and communications technologies and any other that may exist in the future. The National Civil Police has a specific Cybersecurity and Cybercrime Office. 

In 2021, the Executive Branch created the National Cybersecurity Committee ("CONCIBER", by its Spanish acronym), as a temporary unit tasked with advising the National Security Council for purposes of implementing a National Cybersecurity Strategy, coordinating interinstitutional actors and efforts, proposing standards and best practices for risk management, etc. 

CONCIBER was created for a term of four years, expiring in early October 2025. It is comprised of representatives from the Strategic Intelligence Secretary, the National Security Council, the Ministry of the Interior, the Ministry of Foreign Relations, the Ministry of Defense, the Ministry of Communications, Infrastructure and Housing, the Presidential Commission on Open and E-Government, and the Superintendent of Telecommunications.

Congress is currently considering Bill 6347, which would enact a Cybersecurity Act. This Bill has already received a favorable opinion from the relevant legislative commission (Opinion 1-2025) and, according to some reports, may be passed and enacted within the coming months. 

As of September 2025, there are none. If enacted in its current form (that of Opinion 1-2025 to Bill 6347), the Cybersecurity Act would require private actors to create Computer Security Incident Response Teams ("CSIRT") and to appoint an Information Security Officer ("ISO"), in all cases independent of their IT departments.

The Bill foresees the creation of CSIRTs by Sector to provide primary attention to cyberattacks and incidents in their sector, and report them to the national CSIRT-GT. Sector-specific CSIRTs will include, among others, public and private entities in the Chemical, Water, Energy, Health, Information and Communication Technologies, Transportation, Food, Tax, Financial, Economic, Tourism and Private sectors.

The Bill also foresees the creation of an Institutional CSIRT in public and private entities with information systems that store, share or update information of citizens or of strategic value to the State, in charge of first response to cyberattacks and incidents.

A CSIRT and an ISO would also be mandatory for private sector entities that operate or administer critical infrastructure. The latter is defined as physical or digital, public or private infrastructure that, due to its type of service, is indispensable and does not allow for alternative solutions, so that its threat, attack, destruction or blocking would have a grave impact on the country’s essential services, security, economy and finances.

All CSIRTs would have the obligation to report cyberattacks and incidents to the national CSIRT-GT within 30 minutes of their occurrence, guaranteeing the confidentiality of the affected public and private entities.
Further details and obligations would be included in regulations issued by the Executive Branch for implementation of the Cybersecurity Act. 

As of September 2025, there are none. The National Cybersecurity Strategy document explains that criminal trials related to cybercrime have mainly focused on matters related to intellectual property and child pornography. 

As of September 2025, there are none. If enacted in its current form (that of Opinion 1-2025 to Bill 6347), the Cybersecurity Act would establish the framework summarized in answer to question 39. This includes a general obligation to report cyberattacks and incidents to the national CSIRT-GT. The Bill does not establish incident response plans or other reporting obligations in more detail. These would be included in regulations issued by the Executive Branch to implement the Act.

Currently, due to the lack of a specific legal framework, companies coordinate with institutions such as the Ministry of Defense ("CRIC"), the Ministry of the Interior (which also oversees the National Civil Police) and the Public Prosecutor’s Office, on an ad hoc and case-by-case basis.   

The Criminal Code contains the following cyber-related crimes: violation of sexual intimacy (Article 190), seduction of minors through information technologies (Article 190 bis), blackmailing of minors through information technologies or technological means (Article 190 ter), destruction of computer records (Article 274 “A”), alteration of computer programs (Article 274 “B”), reproduction of computer instructions or programs (Article 274 “C”), creation of databases in violation of privacy (Article 274 “D”), manipulation of information (Article 274 “E”), unauthorized use of information (Article 274 “F”), destructive programs (Article 274 “G”), malicious alteration of origin telephone numbers (Article 274 “H”). 

In 2024, Guatemala became a member of the Latin America and Caribbean Cyber Competence Center ("LAC4"), a regional hub for cybersecurity education and training funded by the European Union. In 2025, the Guatemalan Government completed a joint cybersecurity review with the United States Department of Defense, aimed at enhancing the country’s cyberdefense and cybersecurity. Military and public security officials have also participated in cyber crisis management exercises organized by the Inter-American Defense Board. The country is also in the process of seeking adhesion to the Budapest Convention on Cybercrime.