This update covers developments relating to the freedoms of expression and assembly in Mauritius from 14th October 2025 to 31st May 2026.
GENERAL
UN Human Rights Council
On 14th October 2025, the UN General Assembly elected Mauritius to the Human Rights Council for a three-year term, beginning on 1st January 2026. Mauritius was elected with 181 votes out of 190 votes cast.
EXPRESSION
Supreme Court to decide whether criminalising the posting of “an offensive message” is too vague
On 23rd December 2025, the intermediary court hearing the case brought against Louis Dominique Seedeeal for posting “an offensive message” online, decided to refer the matter to the Supreme Court.
The alleged offence dates back to 20th August 2022. Following the arrest of his lawyer, who was found in possession of drugs, the activist had broadcast a live video on his Facebook page outside the Central Barracks, in which he accused the Special Striking Team, led by Assistant Superintendent of Police Ashik Jagai, of having planted drugs to frame the lawyer.
According to the indictment against Louis Dominique Seedeeal, he is alleged to have “used a telecommunications device to post a message which is offensive”, in breach of section 46 of the Information and Communication Technologies Act (ICTA). Article 46 (ga) of the Information and Communication Technologies Act 2001 stipulates that any person who uses communication technologies to post “a message which is obscene, indecent, offensive, abusive, threatening, menacing, false or misleading, which is likely to cause or causes harm to a person” causes an offence.
According to Judge Soochit, the term ‘offensive’ gives rise to uncertainty and is not defined in the Act, whilst the principle of ‘legal certainty’ is enshrined in the Constitution. She therefore referred to the Supreme Court, the only body authorised to interpret matters of constitutional law. The Supreme Court will have to assess whether section 46 of the ICTA complies with the principles of certainty, legality and foreseeability.
The constitutionnality of this article had already been challenged before the Supreme Court. In Seegum J. v the State of Mauritius, the Supreme Court explained that the law must be formulated with sufficient clarity and precision to enable a person to regulate his conduct. In that case, a trade unionist was prosecuted for the offence of using a communication service “for the purpose of causing annoyance” (which was then section 46(h)(ii) of the ICTA). The court found that this expression was not defined with sufficient clarity.
After the Seegum judgment, in the Finance Bill 2021, amendments were made to remove these terms and the contentious section was replaced, so as to make it an offence to communicate a message that is “obscene, indecent, offensive, abusive, threatening, menacing, false or misleading, which is likely to cause or causes harm to a person”.
PEACEFUL ASSEMBLY
Rally to maintain temple
On 13th April 2026, dozens of devotees rallied in Piton (Pamplemousses) against the planned destruction of the Sri Siva Subramanya Kovil temple. They called for the preservation of the historical monument.
Protest against the US military presence
On 8th June 2026, members of the Lalit political party, the Confederation of Public and Private Sector Workers (CTSP) and other organisations gathered outside the future US Embassy building in Moka to voice their opposition to the US military presence in the region.