Appeal filed to Constitutional Court against internet shutdowns

In autumn 2025, the campaign against internet shutdowns in Kazakhstan reached a decisive stage.

After years of strategic litigation through district courts, appeals, and the Supreme Court without satisfactory outcomes, the Eurasian Digital Foundation submitted an appeal to the Constitutional Court of Kazakhstan.

The team systematized prior judicial experience, analyzing case materials from Almaty courts, arguments in appeals, refusals, and Supreme Court conclusions. The goal was to identify which legal norms allowed the nationwide internet shutdown in January 2022 without transparency or effective judicial oversight. The issue was traced to Article 41‑1 of the Law “On Communications,” which permits suspension of networks by individual officials without clear criteria, judicial review, or accountability.

Consultations with human rights defenders, civil society experts, and a constitutional law specialist helped develop strong arguments for the Court.

Key points:

• Internet shutdowns directly affect constitutional rights — access to information and freedom of expression;

• The current legal norm is vague, preventing judicial review and predictability;

• A mechanism enabling nationwide restrictions by a single decision contradicts proportionality, legality, legitimate purpose, and Kazakhstan’s international obligations (Three‑part test).

The appeal asks the Court to assess the constitutionality of the provision and its compliance with principles of legality and proportionality. For the campaign, this is a crucial step. The Foundation will continue informing the public about the case and future rulings.

Internet shutdowns must not remain beyond legal control, and the goal is to ensure this becomes the norm in Kazakhstan.