Telecommunications Bill raises questions about encryption and offshore providers
13 January 2026
FOR IMMEDIATE RELEASE
Telecommunications Bill raises questions about encryption and offshore providers
Proposed changes to New Zealand’s telecommunications laws could significantly affect how New Zealanders communicate online, particularly where encrypted services and overseas providers are concerned, says the Free Speech Union.
The Telecommunications and Other Matters Amendment Bill would extend New Zealand’s regulatory regime to overseas-based providers such as messaging apps and satellite services, requiring them to comply with local interception rules if they offer services to New Zealanders. The changes would apply to familiar services New Zealanders use every day, including WhatsApp, Signal, Telegram, and satellite providers like Starlink.
“End-to-end encryption isn’t a niche technical feature - it’s how journalists protect sources, how whistleblowers come forward, and how ordinary people speak freely without fear of surveillance,” said Jillaine Heather, Chief Executive of the Free Speech Union.
“This Bill would require overseas providers to ensure full interception capability, even for encrypted communications. That raises serious questions about whether genuinely private communication would remain available in New Zealand at all.”
The Bill also introduces a new enforcement power allowing the Secretary of the Ministry for Business, Innovation and Employment to suspend or revoke licences if providers do not comply with regulatory requirements.
“That power effectively gives a government official the ability to switch off a communications service in New Zealand,” said Heather. “Once the infrastructure exists, it can be repurposed in ways Parliament may not currently intend.”
The Free Speech Union will be making a detailed submission to the Economic Development, Science and Innovation Committee opposing the Telecommunications and Other Matters Amendment Bill in its current form and urging careful scrutiny of the Bill’s implications for privacy, expression, and regulatory expansion.
ENDS
Note to editors:
Submissions on the Telecommunications and Other Matters Amendment Bill close Wednesday 14 January at 11:59pm
The Free Speech Union is urging people to make a submission to the Committee - read more on our website: https://www.fsu.nz/blog/submission-on-the-telecommunications-bills-effect-on-free-expression-online
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