Mozambique: Government powers to shut down the internet revoked
Written by: Ayman Ragab
Mozambique’s Constitutional Court has overturned government regulations that granted the National Institute of Telecommunications (INCM) broad powers to cut off internet services in the event of what are described as security threats, deeming these measures unconstitutional and exceeding the limits of executive power.
Widespread criticism from civil society organizations
The government had approved these regulations in December 2025, but they faced widespread criticism from civil society organizations that warned they could be used to impose arbitrary internet shutdowns and restrict freedom of expression and the right to access information, under the pretext of maintaining national security.
In its reasoning, the court affirmed that the government exceeded its regulatory powers by creating a system that allows for monitoring communications, collecting data, and suspending services, thereby imposing substantial restrictions on fundamental rights and freedoms, most notably freedom of expression, privacy, and the confidentiality of communications.
Imposing such restrictions is only permissible through legislation passed by parliament.
The court explained that imposing such restrictions is only permissible through legislation issued by parliament, and not through executive regulations, considering the government decree unconstitutional for violating the principle of separation of powers.
Under the ruling, the National Telecommunications Institute of Mozambique's powers to block internet services were revoked, and the ruling also strengthened the role of parliament in overseeing any actions that affect civil rights and liberties.
