Mozambique Constitutional Council: Telecoms Regulations Unconstitutional

• The Constitutional Council declared the government's telecommunications regulations unconstitutional.
• The Communications Institute (INCM) was granted powers to block internet access in situations deemed an 'imminent risk to public security or State security' by Decree No. 48/2025, though this decree required a court order for such actions.
• The CC's decision challenges the government's authority over telecommunications and raises concerns about censorship and human rights violations.
• Lawyers in Mozambique should be aware of potential compliance exposures related to the government's use of internet blocking powers.

The Constitutional Council declared the government's regulations on telecommunications unconstitutional.

The Constitutional Council (CC), Mozambique's highest body for constitutional and electoral law, has made a landmark ruling. The CC declared the government's regulations on telecommunications unconstitutional. This decision comes after the Communications Institute (INCM) was granted powers to block internet access in situations deemed an 'imminent risk to public security or State security.' The regulation, Decree No. 48/2025, which had granted INCM powers to block telecommunications, specified that such actions required a court order. However, the Constitutional Council still found several of its provisions unconstitutional due to the government bypassing parliament in legislating on fundamental rights, sparking concerns about censorship and human rights violations.

The CC's decision is significant because it challenges the government's authority over telecommunications. Mozambique's telecommunications law has been criticized for its lack of transparency and accountability. The INCM's powers to block internet access have raised concerns among human rights groups, who argue that this could lead to censorship and undermine freedom of expression. This ruling may set a precedent for future cases involving government control over the internet.

The CC's decision has far-reaching implications for Mozambique's telecommunications industry and its citizens. Lawyers in Mozambique should be aware of potential compliance exposures related to the government's use of internet blocking powers, particularly in relation to public security and state security. The ruling also highlights the need for clear regulations and oversight mechanisms to prevent abuse of power. As the country continues to develop its digital infrastructure, this decision serves as a reminder of the importance of balancing national security with individual rights and freedoms.

Lawyers in Mozambique should watch for potential compliance exposures related to the government's use of internet blocking powers, particularly in relation to public security and state security.

Source: Original reporting via AIM