Cybercrime Law First draft In May 2012, the RGC announced its intention to adopt Cambodia’s first ever Cybercrime Law in order to regulate online content and to prevent the “illwilled” from “spreading false information.”31 A first draft was leaked in April 2014, but the RGC refused to publicly release an official version. This first draft contained several provisions which would have unduly restricted freedom of expression online. One of the most controversial provisions was Article 28 of the law. This article severely limited the content of online activity and websites. It sought to prohibit content deemed to “generate insecurity, instability and political incohesiveness,” as per Article 28(3), or “deemed damaging to the moral and cultural values of the society,” including “manipulation, defamation, and slanders”, under Article 28(5) (c). Article 28(4) prohibited content “undermining the integrity of any governmental agencies.” These broad terms could have led to abuses that clearly would have fallen afoul of Cambodia’s international human rights obligations.32 Violations of these prohibitions would have been sanctioned by imprisonment from one to three years and heavy fines ranging from two million riels (USD 480) up to six million riels (USD 1,440). Furthermore, Article 6 of the first draft law would have established a 14-person body called the National Anti-Cybercrime Committee, composed of high-ranking members of the government, which would have had control over the implementation of the law.33 Second draft In response to the outrage expressed over the first draft, a second draft was leaked to certain non-governmental organisations (NGOs) from the Ministry of Interior in September and October 2015. Although the second draft removed some of the most troubling provisions contained in the first draft – such as Articles 28 and 6 – it nonetheless contains new provisions which also threaten freedom of expression online. Article 27 allows for the dissolution of legal entities – including NGOs – on 31 Di Certo, B., & Yuthana, K. (2012, 24 May). The ‘ill-willed’ spark cyber law: officials. The Phnom Penh Post. www.phnompenhpost. com/national/‘ill-willed’-spark-cyber-law-officials 32 CCHR. (2016). Op. cit. 33 Wilwohl, J., & Reaksmey, H. (2014, 10 April). Cybercrime Law May Silence Critics, NGOs Say. The Cambodia Daily. www.cambodiadaily.com/archives/ cybercrime-law-may-silence-critics-ngos-say-56288 the basis of the cybercrimes of individuals affiliated with the organisations.34 Additionally, the draft confers overly broad and intrusive powers upon police and investigators to search and seize the property of those suspected of cybercrimes, with a complete lack of judicial oversight and procedural safeguards, threatening the right to privacy and the right to freedom of expression. The individual crimes enumerated in the draft are very broadly defined, and would give significant scope to the RGC to implement the law abusively against its perceived opponents, in violation of national and international human rights guarantees. For example, Article 13(1) criminalises obtaining data that “are considered to be confidential and which are specifically protected against unauthorized access.” There is no intent element; a person may be imprisoned for receiving an email containing such data, even if that email was sent by mistake or the receiver did not know that they did not have permission to view it. Sectoral laws In Cambodia, many sectoral laws impose administrative penalties that can be used to stifle freedom of expression. Often, opposition political parties, NGOs and civil society organisations (CSOs) which are critical of the government are targeted in this manner. None of the sectoral laws outlined below explicitly refer to online activities. Nevertheless, case studies suggest their uniform applicability to the online world. See the section below on curtailment of freedom of expression for more detail. Law on Associations and Non-Governmental Organizations (LANGO) The LANGO curtails freedom of expression through a number of vague provisions. Article 24 states that “[d]omestic non-governmental organizations, foreign non-governmental organizations, or foreign associations shall maintain their neutrality towards political parties in the Kingdom of Cambodia.”35 This vague provision leaves space for serious violations of freedom of expression and abuses by authorities in order to silence dissent and criticism. There are a number of legitimate civil society activities which could potentially fall under the scope of this vague provision. 34 CCHR. (2016). Op. cit. 35 LANGO (2015). English translation referenced from: sithi.org/ admin/upload/law/Unofficial-Translation-LANGO.pdf CAMBODIA / 39