Mozambique’s Constitutional Council Strikes Down Telecom Shutdown Powers, Reinforcing Digital Rights

Mozambique has just drawn a critical line in the sand regarding state control over telecommunications networks. In a landmark ruling, the Constitutional Council declared several provisions of a controversial regulation unconstitutional. The challenged measures had empowered authorities to suspend or block communications by citing risks to public security or national security. The disputed text originated from Decree No. 48/2025, enacted on December 16, 2025.

The stakes in this case extend far beyond digital connectivity. An internet blackout doesn’t merely disrupt social media or information access; it can paralyze electronic payments, cloud services, e-commerce platforms, customer communications, and remote operations. For digitally dependent businesses, a sudden shutdown rapidly escalates into a severe operational risk.

At the heart of the dispute was a regulation that granted the National Institute of Communications of Mozambique (INCM) sweeping authority over telecom networks. The decree authorized the suspension of telecommunications services, traffic monitoring, data collection, and direct technical intervention on operators’ infrastructure. Authorities could trigger these measures by citing an “imminent risk” to security.

This overreach sparked immediate legal action. On January 29, 2026, the Center for Democracy and Human Rights (CDD) filed a complaint with the Ombudsman, arguing that the executive branch had bypassed legislative oversight to regulate a domain central to fundamental rights. The Ombudsman subsequently referred the case to the Constitutional Council on February 17.

The core of the legal challenge went beyond the threat of an internet shutdown. It fundamentally questioned who holds the authority to restrict a fundamental right and under what legal safeguards. The CDD contended that measures of this magnitude cannot be imposed through executive decree alone; they require parliamentary approval and robust judicial oversight.

This ruling carries added weight given Mozambique’s recent legal history. Following the 2024 general elections, civil society groups successfully challenged internet access restrictions in court. At the time, the Maputo Judicial Court issued an injunction ordering telecom operators to restore and maintain open network access.

Ultimately, this constitutional verdict sends a powerful message that resonates far beyond Mozambique’s borders: national security cannot be used as a blanket justification to override the legal frameworks protecting digital rights.