In accordance with the provisions of Sections 10, 11, 13 and 40 of the Electronic Communications Act, the Minister of Information, Communications, and Technology promulgated the Electronic Communications (Licensing) Regulations and the Electronic Communications (Importation, Type Approval and Distribution of Communications Equipment) Regulations. In accordance with Regulation 16 of the Importation, Type Approval and Distribution of Communications Equipment Regulations, it is unlawful for any individual or entity to supply, import or distribute radio communications equipment unless they have been granted a licence by the Commission as specified in Section 41.1 of the Act. Furthermore, Regulation 4 of the Licensing Regulations empowers the Commission to issue a general licence for the importation, distribution or sale of electronic communications equipment. The Commission may grant any number of licences to an applicant who meets the criteria set out in the application and the general licence conditions.

Eswatini does not have a national self-certification programme but relies on the certificates of conformity supplied by exporting countries. The Eswatini Standards Authority is a member of the International Electrotechnical Commission (IEC) Affiliate Country Programme, which allows developing countries to participate in the IEC standardisation activities and conformity assessments as well adopting IEC standards and gazette them as Eswatini national standards.

Eswatini does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.

According to Section 13 of the Domain Name Administration Regulations, the registration of a ".sz" domain name is only available to persons domiciled or corporate bodies registered in the Kingdom of Swaziland. The two-letter abbreviation refers to Swaziland, the country's former name from 1968 to 2018.

A basic legal framework on intermediary liability beyond copyright infringement is absent in Eswatini's law and jurisprudence.

It is reported that Eswatini imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.

It is reported that during the political unrest in 2021, all social media platforms and online messaging applications on the "MTN eSwatini" network, including Facebook and WhatsApp, were blocked for a duration of about a week and later restored again. "MTN eSwatini" issued a notice to all its subscribers informing them that an order has been issued by the Regulator to restrict these services. MTN eSwatini is a subsidiary of the MTN Group, Africa's leading cellular telecommunications company.

Section 24 of the Electronic Communications Act authorises the Commission to mandate licensees to fulfil reasonable requests for access to and utilisation of specified network elements and associated facilities. This provision requires operators to grant third parties access to designated network elements or facilities and to facilitate infrastructure sharing, including but not limited to ducts, buildings, or masts. Pursuant to the authority vested by Section 24 of the Act, the Minister for Information, Communications, and Technology enacted the Electronic Communications (Facilities Sharing) Regulations, which delineate the aforementioned passive infrastructure sharing obligations.

The Eswatini Post and Telecommunications Corporation (EPTC) is entirely owned by the government, with no local or foreign firms holding equity shares in the corporation. Sections 3-5 of the Swaziland Post and Telecommunications Corporation Act establish the corporation and its governing structures in accordance with the Public Enterprises (Control and Monitoring) Act (PEA).
According to Section 53 of the Electronic Communications Act, EPTC shall have the exclusive right of establishing, constructing, maintaining and operating the national telecommunications backbone infrastructure within the country.

According to the Eswatini Post and Telecommunications Corporation (EPTC) website, EPTC is a "Category A" enterprise established by Act No. 11 of 1983. "Category A" refers to state-owned enterprises that are wholly government-owned. EPTC comprises four business units: Eswatini Telecom, Eswatini Post, Phutfumani Couriers and Freight, and the National Contact Centre.

It is reported that Eswatini does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

Section 4.3 of the Electronic Communications Act establishes that the Eswatini Communications Commission (ESCCOM) may establish ownership limitations for providers of electronic communications services in order to ensure sufficient numbers of unaffiliated market participation and may take appropriate actions and measures to ensure the participation of unaffiliated market participants in the event of market failure.

Under Art. 10 of the Electronic Communications Act 2013, the Swaziland Communications Commission is responsible for regulating individuals or entities wishing to operate an electronic communications network or provide an electronic communications service requiring a licence. In accordance with Art. 5 of the Electronic Communications Regulations 2016, the Commission may issue individual licences for: (i) electronic communications services that require the use of numbering resources; (ii) electronic communications networks; and (iii) the use of specific frequency spectrum bands. The Commission also has the authority to determine the number of individual licences available for a particular category (Art. 5.7).
The criteria for awarding licences are determined on a case-by-case basis, considering the type of licence, the market's development at the time, and its structure. As outlined in section 11.8 of the Regulations, the criteria shall also take into account, among other factors: (i) national universal access and service objectives; (ii) local ownership requirements; (iii) the technical expertise of the applicant; and (iv) the business plan and financial viability of the project.

Eswatini has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

It is reported that the Eswatini Communications Commission (ESCCOM), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.