4. Country Analysis: El Salvador

4.1 Political and Legal System

El Salvador's regulatory and political framework is based on its Constitution of the Republic of 1983, which in Article 1 expressly recognizes the human person as the origin and supreme purpose of all State activity, which is organized to achieve justice, legal security, and the common good. Article 85 of the Constitution defines the country as a sovereign State and establishes its form of government as republican, democratic, and representative. The Salvadoran political system is pluralist and has legally evolved toward greater democratic openness through regulations such as the Provisions for the Nomination of Non-Party Candidates (Decree 555), which recognized the citizens' right to run for legislative positions independently, strengthening freedom in the exercise of free, direct, equal, and secret voting enshrined in Article 78 of the Constitution. At the constitutional level, the exercise of public power is delegated to three fundamental bodies that operate under a strict principle of non-delegation and mutual collaboration: the Legislative Body, exercised by a unicameral Legislative Assembly with the power to enact laws and elect second-level officials; the Executive Body, headed by the Presidency of the Republic; and the Judicial Body, whose highest authority corresponds to the Supreme Court of Justice. Within the latter, the Constitutional Chamber plays a central role as the highest and final interpreter of the Magna Carta, resolving controversies and protecting fundamental rights through processes of unconstitutionality, amparo, and habeas corpus (including Habeas Data for the protection of personal information). In the political-electoral sphere, the highest administrative and jurisdictional authority in electoral matters is the Supreme Electoral Court (Corte Suprema Electoral, CSE).

4.2 Freedom of Expression and Human Rights

Civil and political rights find their primary basis in Article 6 of the Constitution, which guarantees freedom of expression, thought, and press. However, El Salvador's situation regarding freedom of expression and human rights presents significant challenges, particularly in the context of the state of exception declared in 2023 and the gang-related violence that has characterized the country for decades.

The state of exception regime implemented in March 2023 has had profound impacts on civil liberties and human rights protections. Under this exceptional regime, ordinary legal guarantees have been suspended, including the right to due process, freedom from arbitrary detention, and access to justice. Human rights organizations have documented serious concerns regarding extrajudicial killings, forced disappearances, and torture of suspected gang members and other persons detained under the state of exception.

The gang phenomenon (pandillas) that has affected El Salvador for decades has created complex security challenges that have been used to justify exceptional measures. While gangs are responsible for significant violence and criminal activity, the response through the state of exception has raised fundamental concerns about the protection of human rights and the rule of law.

Regarding freedom of expression specifically, El Salvador faces challenges in protecting journalists and media freedom. There have been reports of attacks on journalists, intimidation, and self-censorship motivated by the gang violence and the security situation. However, formal legal protections for freedom of expression exist at the constitutional level.

4.3 Digital Environment

El Salvador shows continuous growth in its connectivity indicators at the macroeconomic level. Internet penetration has increased significantly over the past decade, with an estimated 75% of the population having some form of internet access by 2025. Mobile devices are the primary means of internet access, with smartphone penetration exceeding 65% of the population.

Digital platforms have become increasingly important in El Salvador for commerce, communication, and civic participation. However, the digital environment is also characterized by challenges including cybercrime, online harassment, misinformation, and limited digital literacy among segments of the population.

4.4 Digital Platforms Available in the Country

In 2025, El Salvador recorded approximately 3.90 million active users on social networks, representing significant platform adoption. The main digital platforms operating in El Salvador include Facebook, Instagram, TikTok, Twitter/X, YouTube, WhatsApp, Telegram, and LinkedIn. These platforms are central to information dissemination, commerce, and social communication in the country.

The telecommunications sector in El Salvador is governed by the General Telecommunications Law and is regulated by the National Telecommunications Superintendency (Superintendencia General de Electricidad y Telecomunicaciones, SIGET). The sector includes both state-owned and private telecommunications providers.

4.5 Legislative and Regulatory Context in El Salvador

4.5.1 Constitutional Framework

Article 6 of the El Salvador Constitution enshrines the inalienable right of all persons to freedom of expression and thought, and the right to press freedom. The Constitution also recognizes the right to privacy and the right to petition and assembly. However, these rights are subject to restrictions permitted by law for reasons of national security, public order, public morality, or protection of third-party rights.

The Constitutional Chamber of the Supreme Court has jurisdiction over constitutional interpretation and the protection of constitutional rights through processes such as amparo and unconstitutionality actions. However, the ability of the Constitutional Chamber to function as an effective guarantor of rights has been challenged during periods of exceptional measures, including the recent state of exception.

4.5.2 Telecommunications and Media Legislation

El Salvador's normative framework governing connectivity infrastructure and communications is established by the General Telecommunications Law (Ley General de Telecomunicaciones), which regulates the provision of telecommunications services including internet provision. The law establishes SIGET as the regulatory authority responsible for overseeing the telecommunications sector and protecting consumer rights.

Media regulation in El Salvador is governed by various laws including constitutional provisions on freedom of press and specific laws regulating broadcasting and print media. However, the regulatory framework for media in El Salvador is less comprehensive than in some neighboring countries.

4.5.3 Specific Regulation on Platforms and/or Content Regulation

El Salvador does not possess a unique, exhaustive digital code, nor a modern law that classifies and regulates digital platform intermediaries. The country lacks comprehensive legislation specifically addressing digital platform governance, content moderation, or platform accountability.

Some attempts have been made to address certain aspects of digital content through existing criminal legislation, particularly regarding cybercrime, online threats, and child exploitation. However, these provisions are scattered across different laws and do not constitute a comprehensive digital platform governance framework.

4.5.4 Data Protection and Privacy Legislation

El Salvador's data protection and privacy legislation faces significant gaps. While the Constitution recognizes privacy rights, El Salvador lacks a comprehensive personal data protection law comparable to standards in other countries and regions. The country does not have a unified data protection authority with equivalent power to supervise and enforce data protection standards.

There are some scattered provisions in various laws addressing data protection, particularly in the context of financial services and telecommunications regulation. However, the lack of a comprehensive legal framework leaves citizens with limited protection for personal data, particularly in the context of digital platforms' data practices.

4.5.5 Specific Regulation for the Protection of Vulnerable Groups

The protection of vulnerable populations in the Salvadoran digital ecosystem is structured through various laws including the Law for the Protection of Children and Adolescents (Ley Especial de Protección de Niños, Niñas y Adolescentes), laws against domestic violence, and laws protecting indigenous communities and persons with disabilities.

However, these laws generally do not specifically address protection on digital platforms. There are no specific regulations requiring platforms to implement age verification, content filtering for minors, or protection against online exploitation and cyberbullying. The protection of vulnerable groups on digital platforms remains a significant regulatory gap.

4.5.6 Digital Electoral Regulation and State of Exception Implications

El Salvador's electoral framework includes provisions for electoral regulation, including restrictions on political campaign activities and requirements for transparency. However, the country lacks comprehensive regulations addressing digital campaigning and the use of digital platforms in electoral processes.

The state of exception declared in March 2023 has had significant implications for electoral processes and democratic participation. While elections continue to take place, the exceptional security measures and suspension of ordinary guarantees have raised concerns about the integrity of electoral processes and the exercise of political rights.

4.6 Alignment with UNESCO Guidelines: El Salvador

The UNESCO Guidelines for the Governance of Digital Platforms establish principles for protecting human rights, ensuring freedom of expression, promoting transparency, and protecting vulnerable groups. El Salvador's alignment with these guidelines is mixed and faces significant challenges.

Human Rights Protection: El Salvador has a constitutional framework for human rights protection, but practical implementation has been significantly challenged by the state of exception, security crises, and gang-related violence. The state of exception regime has involved suspension of ordinary legal guarantees and reported human rights violations.

Freedom of Expression: While constitutional protections for freedom of expression exist, practical protection of this right has been undermined by gang violence, security concerns, and in some cases, enforcement actions related to the state of exception. Self-censorship and limitations on media freedom have been reported.

Transparency and Accountability: El Salvador currently lacks requirements for digital platform transparency regarding algorithmic decision-making, content moderation practices, or data handling. There is no comprehensive framework for platform accountability in El Salvador.

Protection of Vulnerable Groups: El Salvador lacks specific regulations for the protection of vulnerable groups on digital platforms. Children, women, and minority communities do not have specific legal protections tailored to digital platform-related harms.

Regulatory Coherence: The regulatory framework for digital governance is fragmented across multiple agencies with limited coordination. There is no unified digital governance framework comparable to international best practices.

State of Exception Context: The ongoing state of exception has created an exceptional legal and security context that affects all aspects of digital rights and freedoms in El Salvador. The suspension of ordinary guarantees and the militarization of public security have profound implications for the exercise of rights in the digital environment.