136
Dictating the Internet:
Manushya Foundation has highlighted that there is a risk powers
under the Cybersecurity Act may be misused beyond the remit of “cyber
threats” to curtail online dissent through the “Anti-Fake News” center as some
individuals from the CRC will also oversee the center.533 In October 2019, the
Minister of Digital Economy and Society stated that the government would
impose section 26 of the CCA to require owners of cafes to retain log files
of the browsing data of their customers for at least three months, so that
the data could be utilized by the “Anti-Fake News” center to identify alleged
“false and inappropriate” information online.534 Concerns have been raised
that the center, which launched in November 2019, will not only assist the
government in censorship and surveillance,535 unlawfully infringing on the
rights to expression, information and privacy of individuals.
Cambodia
In May 2012, the Cambodian government announced that it would
initiate the elaboration of a Cybercrime Law to guard against ““ill-willed
groups or individuals” from “spreading false information” online, to prevent
“hacking (of) both government and private data or websites” and ensure
“the common interest is protected”.536 Despite calls from civil society in
Cambodia for the government to release official drafts of the law to allow
concerned stakeholders and wider members of the public to provide comment
on the law, the government has neither released official drafts of the law,
nor opened it up to public discussion or consultation.537
In April 2014, an unofficial first draft of the Cybercrime Law was
leaked and widely circulated.538 In May 2015, the spokesperson for Cambodia’s
Ministry of Posts and Telecommunications indicated that the law would be
was not repealed by the latest HNCPO Order dated 9 July 2019.
533 Manushya Foundation 2019 report, p. 30.
534 Kate Lamb, ‘Thai cafes forced to track customers’ wifi use, sparking free speech fears’, The
Guardian, 10 October 2019, Available at: https://www.theguardian.com/world/2019/oct/10/thaicafes-forced-to-track-customers-wifi-use-sparking-free-speech-fears
535 Ibid.
536 Cambodian Center for Human Rights (CCHR), ‘CCHR Briefing Note – February 2014 Cyber Laws:
Tools for Protecting or Restricting Freedom of Expression?’, February 2014, Available at: https://
ifex.org/images/cambodia/2014/03/03/cambodia_cyber_crimes_legislation_cchr.pdf; CCHR,
‘Cambodian Governmentis drafting the first ever Cyber Law’, 24 May 2012, Available at: https://
www.cchrcambodia.org/index_old.php?url=media/media.php&p=alert_detail.php&alid=21&id=5;
Joshua Wilwohl, ‘Anonymous Hacks Government Websites’, Cambodia Daily, 13 September 2013,
Available at: https://www.cambodiadaily.com/news/anonymous%e2%80%88hacks-governmentwebsites-42250/
537 Ibid., ‘Open Letter on current draft laws – To: Ministers of the Royal Government of Cambodia’,
Available at: https://www.ccimcambodia.org/wp-content/uploads/2014/10/Open_Letter_request_
for_draft-laws_EN.pdf
538 CCHR, ‘Open Letter from CCHR concerning Draft Cybercrime Law’, 28 April 2014 (‘CCHR Open
Letter’), Available at: https://cchrcambodia.org/media/files/press_release/488_20colccrdcle_
en.pdf