Mozambique Constitutional Council: Telecom Traffic Control Provisions Struck Down

• The Constitutional Council (CC) declared unconstitutional provisions in Mozambique's telecommunications traffic control regulations.
• The CC's ruling strikes down key provisions that allowed communications to be blocked, effective immediately.
• The government has stated that it respects the decision of the Constitutional Council.

We proceed on the basis that we are a democratic country, where democracy prevails. We respect our institutions and their decisions.

The Constitutional Council (CC) of Mozambique declared unconstitutional provisions in the telecommunications traffic control regulations that allowed for communications to be blocked. This decision has significant implications for the country's telecoms sector and its citizens. The CC's ruling effectively strikes down key provisions of the regulation, which had been in place since 2019. In response, the Minister of Communications and Digital Transformation stated that the Government respects the decision of the Constitutional Council.

The telecommunications traffic control regulations were introduced in 2019 to give the government greater control over online communications. However, critics argued that these provisions infringed on citizens' right to freedom of expression and access to information. The CC's decision is a major blow to the government's efforts to exert control over online communications. It also highlights the importance of an independent judiciary in upholding constitutional rights.

The ruling has significant implications for the telecoms sector and its clients, including lawyers advising on telecommunications matters. The government's response to this ruling may lead to changes in the regulatory framework, which could result in disruptions to services. As a result, it is essential for companies operating in Mozambique to be prepared for potential changes and comply with existing regulations. This decision also sets an important precedent for the protection of citizens' rights in Mozambique.

Lawyers advising clients in Mozambique on telecommunications matters should watch for potential changes to the regulatory framework and be prepared for possible disruptions to services, as the government's response to this ruling may have implications for compliance with existing regulations.

Source: Original reporting via Mozambique's Minister of Communications and Digital Transformation