would not be able to pay a heavy fine, which
could lead to their imprisonment for up to two
years according to Article 525 of the Cambodian Code of Criminal Procedure. The severity of
this punishment combined with the vagueness
of the offences are likely to deter people from
exercising their freedom of expression.
Neutrality
The principle of neutrality appears in the LEMNA,
the LANGO, the LPP and the Education Law. The
neutrality restriction is valid on its face, but its
vagueness can lead to abuses. In the name of neutrality, the government could decide to regulate
only certain topics or viewpoints. In practice, it can
be seen that these provisions are never used in respect of the ruling CPP, but rather they are applied
to target opposition parties as well as independent
civil society groups, who are painted as pro-opposition by the government.
State control
Having long ago exerted its control over the traditional media, the RGC is progressively extending
its control over the internet as well. The Law on
Telecommunications contains new surveillance
powers for the RGC (embodied by the MPTC), which
represent a troubling trend towards suppressing
the freedoms of individuals in exchange for an increase in state control. The draft Cybercrime Law
would only exacerbate this trend.
State control is becoming the norm. For example, according to a report from July 2017 by the
National Police Chief Neth Savoeun at police headquarters in Phnom Penh, the National Police are
monitoring Facebook to repress attempts to create a “rebel movement against the government”
through negative posts and are working to better
control civil society groups that have “opposition
trends” and try to cause instability in society.86
Targeting of high-profile individuals
and human rights defenders
There is little evidence of a desire on the part of the
Cambodian government to implement laws which
criminalise expression on a systematic basis. Rather, targeted prosecutions of high-profile individuals
and human rights defenders are preferred, in order
to retain political control and to act as a deterrent for
the general public. The government is aware of the
prominent role these individuals play in mobilising
people against human rights violations. Therefore,
it imposes restrictions on freedom of expression to
silence its most outspoken critics.
86 Dara, M. (2017, 25 July). Cambodia’s Facebook crackdown:
Police are monitoring site for ‘enemies’ and ‘rebel movements’.
The Phnom Penh Post. www.phnompenhpost.com/national/
cambodias-facebook-crackdown-police-are-monitoring-siteenemies-and-rebel-movements
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