Mozambique Constitutional Court: Striking Down Internet Shutdown Decree

• Mozambique's constitutional court struck down key provisions of the Telecommunications Traffic Control Regulations Decree.
• The decree allowed the government to monitor communications, collect user data, and suspend internet services without parliamentary approval.
• The court found that the government exceeded its powers by creating rules that could only be approved by parliament.
• This ruling sets a crucial precedent for challenging restrictive laws and protecting fundamental rights in Mozambique.

Mozambique's judiciary upholding human rights and affirming civil society's role in challenging restrictive laws is a testament to the court's commitment to protecting citizens' fundamental rights.

Mozambique's constitutional court has dealt a significant blow to government overreach in telecommunications regulations, striking down key provisions of the Telecommunications Traffic Control Regulations Decree. The decree, which allowed the government to monitor communications, collect user data, and suspend internet services, was deemed unconstitutional by the court. This ruling sets a crucial precedent for challenging restrictive laws and protecting fundamental rights in Mozambique. The court's decision is particularly significant given the recent trend of governments worldwide restricting internet access and suppressing civic space.

The court found that the government had exceeded its powers by creating rules that could only be approved by parliament. This ruling highlights the importance of parliamentary oversight in telecommunications regulations, ensuring that the government does not unilaterally impose restrictions on citizens' fundamental rights. The Centre for Democracy and Human Rights (CDD) successfully petitioned the Ombudsman to review the decree's legality, leading to its eventual nullification. CDD's intervention was prompted by a previous successful suit to stop cell phone operators restricting internet access during post-election protests in 2024.

The court's decision is a testament to Mozambique's judiciary upholding human rights and affirming civil society's role in challenging restrictive laws. The ruling protects Mozambicans' right to access the internet, which is essential for information dissemination, civic participation, and freedom of communication. This precedent may be cited in future cases where internet access is restricted, providing a crucial safeguard against government overreach. As governments worldwide continue to restrict internet access, this ruling serves as a beacon of hope for those fighting to protect fundamental rights.

Lawyers should note that this ruling sets a precedent for challenging government overreach in telecommunications regulations, and may be cited in future cases where internet access is restricted.

Source: Original reporting via Committee to Protect Journalists