An Egyptian digital rights group is using a top court ruling to challenge the Interior Ministry’s long-standing role in blocking websites—an issue activists say sits at the heart of Egypt’s restrictive internet policies.
In a recent report, the Cairo-based Masaar spotlighted a 2022 Court of Cassation judgment that established clear limits: the Ministry of Interior has no legal capacity to enforce website blocking orders. That responsibility lies solely with the National Telecommunications Regulatory Authority (NTRA), acting based on a court order and in coordination with internet service providers.
The ruling was issued in a case concerning two counterfeit websites that unlawfully used a company’s trademark. The Tanta Economic Court had previously ordered the Minister of Interior to block the infringing sites. In its appeal, the Interior Ministry argued that it lacked the legal authority to carry out such enforcement.
The Court of Cassation accepted that argument, holding that only the NTRA has the technical and legal capacity to implement blocking orders under the Cybercrime Law No. 175 of 2018 and the Telecommunications Regulation Law No. 10 of 2003.
Masaar described the ruling as an “important milestone” in efforts to resist informal censorship and curtail administrative overreach. It draws a clear legal boundary and affirms that penal measures like blocking must follow strict judicial safeguards, the center's report explained.
Under Article 7 of the Cybercrime Law, websites can only be blocked if the Public Prosecution or an investigating judge issues a judicial order as part of a criminal investigation. Even in urgent cases, where temporary blocking is allowed, the law requires that the NTRA—not security agencies—be notified to carry out the technical implementation. Law enforcement bodies like the Ministry of Interior are limited to gathering evidence and conducting investigations.
Legal limits meet political reality
Masaar’s report argues that the ruling is not just a legal clarification, it’s a potential turning point in the battle over digital rights in Egypt. The organization emphasized that executive bodies have no mandate to enforce blocking outside the narrow and explicit procedures outlined by law.
“The law did not confer upon law enforcement bodies or administrative authorities the unilateral power to impose blocking measures without judicial oversight, except within the narrow confines of urgent cases and only on a temporary basis pending the issuance of a judicial ruling,” explains Masaar's report.
Since 2017, Egyptian authorities have blocked more than 600 websites, including over 100 news outlets, many without judicial orders or transparent processes. Platforms like Al Manassa—which has been blocked 13 times, most recently in July 2022—and Mada Masr remain inaccessible, despite some sites like Darb and Misr 360 being unblocked.
A 2023 report compiled by the Journalists' Syndicate had previously criticized this ongoing censorship and urged authorities to adopt more transparent and lawful approaches.
Masaar framed the ruling as a judicial foundation for building a more coherent approach to digital rights in Egypt. While not a comprehensive solution, the judgment, the center noted, reaffirms that any restriction on online content must follow narrowly defined legal procedures, involve only the competent authorities, and remain under full judicial oversight.
The report stressed that the ruling should prompt lawmakers to revisit the current legal framework governing website blocking. It also put the responsibility on government authorities to use blocking powers sparingly and to provide clear, accessible ways for people to challenge and appeal such decisions.
