Constitutional Court Upholds the Constitutionality of Temporary Communication Restrictions for Security Purposes

Теlegram CС - https://t.me/consot_kz

 

The Constitutional Court, upon an application filed by a citizen, reviewed the constitutionality of paragraph 1-2 of Article 41-1 of the Law of the Republic of Kazakhstan “On Communications”.

Background of the Case

The applicant challenged the application of the contested provision before the courts; however, his claims were dismissed. He argued that the provision infringes upon his constitutional rights to freedom of speech and creativity, the right to freely seek, receive and disseminate information by any lawful means, as well as the rights of access to information and judicial protection.

Position of the Constitutional Court

Under the contested provision of the Law, in urgent situations that may lead to the commission of serious or especially serious crimes, as well as crimes planned or committed by an organized criminal group, the Chairperson of the National Security Committee, his or her deputies, the heads of territorial bodies, or officials acting in their place, are authorized to suspend the operation of communication networks and/or communication facilities, the provision of communication services, and access to internet resources and/or information posted on them in the interests of all operational investigative authorities. The competent authorities in the fields of communications, mass media, and the Prosecutor General’s Office must be notified within twenty-four hours. The procedure for adopting such measures is established by a joint regulatory legal act of the operational investigative authorities and the competent authorities in the fields of communications and mass media, in coordination with the Prosecutor General’s Office.

Findings of the Constitutional Court

Following its constitutional review, the Constitutional Court found that paragraph 1-2 of Article 41-1 of the Law “On Communications” is consistent with the Constitution.

The Court held that the restrictions provided for by law are not intended to arbitrarily limit the constitutional right to freely receive information. Rather, they are aimed at protecting the constitutional order, maintaining public order, safeguarding human rights and freedoms, and protecting the life and health of citizens. These measures are temporary in nature and are intended solely to promptly prevent or suppress unlawful acts, without depriving individuals of their constitutional right to freely seek, receive, and disseminate information.

At the same time, the Constitutional Court noted that the contested provision requires further legislative clarification. In particular, it recommended specifying evaluative legal concepts, establishing reasonable time limits for the application of such measures, and defining clear criteria for imposing restrictions while maintaining a fair balance between public and private interests. Accordingly, the Government has been advised to consider improving the relevant legislation.

The full text of the Constitutional Court’s Regulatory Resolution is available at: https://www.gov.kz/memleket/entities/ksrk/documents/details/1023865?lang=ru