party symbols does not serve any legitimate aim, such as public health or national security, as outlined in Article 19 (3) of the ICCPR. As such, this provision constitutes an impermissible restriction on freedom of expression. Case study: Sam Rainsy In February 2017, the opposition leader, Sam Rainsy, resigned as president of the CNRP in the face of threats by Prime Minister Hun Sen to pass an earlier amendment to Article 6 of the LPP. This amendment barred convicts from political leadership and dissolved parties led by individuals convicted of crimes by Cambodia’s courts.41 Sam Rainsy was sentenced numerous times since he left Cambodia in November 2015. He had to resign to avoid the possible dissolution of the CNRP, just months ahead of the Commune Council elections. Trade Union Law (TUL) The TUL severely restricts the freedom of expression of workers and trade unions by limiting the scope of their legitimate activities. It is likely that these provisions apply to online speech, though there have not yet been any relevant cases to verify this. Article 65(f ) provides that it is unlawful for a union “to agitate for purely political purposes or for their personal ambitions or committing acts of violence at the workplace and other places.”42 Unions have long been legitimate centres of political activity; indeed their key objectives of protecting and promoting the rights of workers will inevitably entail engagement with political issues, institutions and processes. Similarly, regardless of the moral or social merits of “personal ambitions”, it cannot seriously be argued that they should render a union’s activities unlawful. The subjective and broad nature of these terms also means that they could easily be abused by authorities to characterise a union leader’s social media commentary as unlawful.43 Further, Article 71 considers as “interference, 41 Naren, K. (2017, 11 February). Sam Rainsy Resigns as Opposition Party President. The Cambodia Daily. www.cambodiadaily.com/ morenews/sam-rainsy-resigns-opposition-party-president-124975 42 Trade Union Law (2016). English translation referenced from: sithi. org/admin/upload/law/trade_union_law_eng.pdf 43 CCHR. (2016). Trade Union Law 2016 (the “TUL”). cchrcambodia. org/admin/media/factsheet/factsheet/english/2016_08_24_ cchr_fs_lcs_trade_union_law_ENG.pdf incitement or interruptions” acts by which minority unions demand to express their views.44 Anti-Corruption Law The Anti-Corruption Law contains numerous provisions which restrict the right to freedom of expression. The law not only fails to provide a legal framework for the physical and legal protection of individuals who blow the whistle on corrupt practices; in fact, Article 41 creates a criminal offence if “defamation or disinformation complaints [...] lead to useless inquiry.”45 Such an offence is subject to serious penalties: imprisonment from one to six months and a fine from one million riels (USD 240) to 10 million riels (USD 2,400). “Useless inquiry” is not defined in the law, and there is no requirement of intention in relation to a false complaint. It is therefore unclear whether an incorrect complaint, rather than a deliberately false one, constitutes an offence under the law. These provisions, and the lack of certainty as to how they will be interpreted, are likely to instil fear in people, and therefore act as deterrents to those who might come forward with information about corruption.46 The Anti-Corruption Law also gives significant and unchecked surveillance powers to the Anti-Corruption Unit (ACU). According to Article 27 of the law, the ACU is authorised to “monitor, oversee, eavesdrop, record sound and take photos, and engage in phone tapping” where there is a “clear hint of corruption.” It is also authorised to “check documents and documents stored in the electronic system.” This means that the subjective interpretation of a “hint” of corruption could open an individual’s private communications to scrutiny and monitoring. Law on the Press (Press Law) The Press Law contains many vague provisions which restrict the right to freedom of expression, not only of journalists, but also of newspaper 44 For more detailed analysis of this and other provisions of the TUL, see: Office of the United Nations High Commissioner for Human Rights in Cambodia. (2016). A Human Rights Analysis of the Draft Law on Trade Unions. cambodia.ohchr.org/~cambodiaohchr/sites/ default/files/FINAL%20OHCHR%20Analysis%20on%20Trade%20 Union%20Law-%20En%20%20FOR%20NA%20SUBMISSION.pdf and International Center for Not-for-Profit Law. (2015). Analysis of Draft Trade Union Law. www.icnl.org/programs/asia/ICNL%20 Legal%20Analysis_TradeUnionLaw.pdf 45 Anti-Corruption Law (2010). English translation referenced from: sithi.org/admin/upload/law/National%20Assembly_Feb%20 24,2010_Draft%20Law%20on%20Anti-Corrution%20in%20Eng.pdf 46 CCHR. (2011). Law on Anti-Corruption. cchrcambodia.org/ admin/media/factsheet/factsheet/english/CCHR%20Fact%20 Sheet%20-%20Law%20Review%20Series%20-%20The%20AntiCorruption%20Law%202010%20(ENG).pdf 42 / Unshackling Expression