Mozambique’s Constitutional Council has struck down government regulations that gave the National Communications Institute of Mozambique (INCM) broad powers to shut down internet access during perceived security threats, ruling that the decree breached constitutional limits on executive authority.
The regulations, approved in December 2025, had drawn strong criticism from civil society groups, who warned they could enable arbitrary shutdowns and excessive limits on freedom of expression and access to information.
They allowed the authorities to shut down the Internet on spurious grounds of “national security”.
In its decision, the Council said the government exceeded its regulatory authority by creating a regime for monitoring, data collection and suspension of services that imposed substantial restrictions on fundamental rights, including freedom of expression, privacy and the inviolability of communications.
It found that such restrictions may only be enacted through legislation passed by parliament, not executive regulations, and declared the decree organically unconstitutional for breaching the separation of powers.
The ruling nullifies INCM’s internet‑blocking powers and reinforces parliamentary oversight in matters affecting civil liberties.
JN/APA