Mapping the criminalisation of online expression: Cambodia Anonymous Introduction The internet is one of the most powerful instruments of the 21st century for increasing transparency in the conduct of the powerful, access to information, and for facilitating active citizen participation in building democratic societies. Frank La Rue, former Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, May 2011.1 The number of internet users in the Kingdom of Cambodia is growing exponentially. Reports from the Ministry of Posts and Telecommunications (MPTC) show that internet subscriptions have increased from only 43,417 in 2008 to 6,984,709 in June 2016. In November 2016, internet penetration stood at 46.4% with 7.25 million subscribers.2 The internet has now surpassed all other forms of media as a source of news in Cambodia. The internet is changing the information landscape by creating an alternative to the classical model of state and state affiliate-run news outlets. In 2015, Cambodia’s Media Ownership Monitor found that the majority of traditional media (TV stations, radio stations and newspapers) were affiliated with the ruling Cambodian People’s Party (CPP). It reported that of the 27 Cambodian media owners, 11 were on the government payroll, advisors to the government, or affiliated to a political party.3 Even among news outlets without any overt link to the ruling CPP, self-censorship is rife, with many news outlets reluctant to publish information that may be overly critical of the government. While small numbers of independent radio stations and English-language newspapers were generally tolerated since the end of the Cambodian civil war in 1991, an unprecedented August 2017 crackdown against independent media led to the silencing of most independent traditional media in Cambodia, with 32 broadcasts reportedly shuttered.4 The crackdown also extended to the shutdown of the Cambodia Daily newspaper, a publication renowned internationally for its critical investigative reporting.5 Due to the dominance of the Royal Government of Cambodia (RGC) in the traditional media, the Cambodian people have increasingly turned to the internet and social media (in particular Facebook) to gather and exchange information and opinions. In February 2017, Noun Vansuy of the Cambodian Center for Independent Media stated, “If people are able to use social media properly, they are unknowingly contributing to promote access to information and freedom of expression.”6 The rise of the internet in Cambodia has also provided an unprecedented space for open political discussion and criticism of the RGC. Online expression has become a popular means of social advocacy, especially among activists and human rights defenders. During the 2013 National Assembly election, social media was used by the recently 3 4 1 2 La Rue, F. (2011). Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue. A/HRC/17/27. daccess-ods.un.org/ access.nsf/Get?Open&DS=A/HRC/17/27&Lang=E Khothara, H. (2016). Workshop on Economic Aspects of Spectrum Management. Ministry of Post and Telecommunications of Cambodia (MPTC), Tehran, Iran, 21-23 November. www.itu.int/en/ ITU-D/Regional-Presence/AsiaPacific/Documents/Events/2016/ Nov-SM-Economics/Presentations/Day%202%20-%20 Session%204%20(Cambodia).pdf 5 6 mom-kh.com/en/pages/affiliations LICADHO. (2017, 9 September). Restricting Critical Voices on Cambodian Airwaves. LICADHO. www.licadho-cambodia.org/ articles/20170909/148/index.html The Cambodia Daily. (2017, 4 September). Cambodia Daily Announces Immediate Closure Amid Threats. The Cambodia Daily. www.cambodiadaily.com/topstory/cambodia-daily-announcesimmediate-closure-amid-threats-134283 Cambodian Center for Independent Media. (2017, 24 February). Smartphone and Internet: Weapon of Choice for Young Citizen Journalists. CCIM. www.ccimcambodia.org/what-we-do/citizenjournalism/155-smartphone-and-internet-weapon-of-choice-foryoung-citizen-journalists CAMBODIA / 33