Curtailing Free Expression, Opinion and Information Online in Southeast Asia
used to combat information “insulting, illegally attacking and destroying
the honor of the government”, and that it would be opened up for public
consultation.539 However, no consultation in fact took place. In September
and October 2015, a second draft was leaked and circulated.540
The drafts contained numerous problematic provisions, highlighted
in an open letter by non-governmental organization Cambodian Center for
Human Rights (CCHR), which referred to the first unofficial draft of the
Cybercrime Law.541 First, the draft, under article 28, included vague and
overbroad provisions which would prohibit any content deemed to “hinder
the sovereignty and integrity of the Kingdom of Cambodia”, “incite or
instigate the general population that could cause one or many to generate
anarchism”, “(damage) the moral and cultural values of the society”, “generate
insecurity, instability, and political cohesiveness”, “undermined the integrity
of any governmental agencies”, or which amounted to “manipulation,
defamation, and slanders”.542 Secondly, the draft established, under Chapter
II, the creation of a National Anti-Cybercrime Committee (‘NACC’), very
similar to the NCSC under Thailand’s Cybersecurity Act, which was not an
independent review mechanism to oversee implementation of the law. The
NACC would be led by the Prime Minister, and include the Deputy Prime
Minister, representatives from the Ministries of Interior, Information, Posts
and Telecommunications, Justice and the National Police and operate as
a policy and oversight committee, with a General Secretariat that would
oversee and ensure enforcement of the law.543
The second unofficial draft of the law removed the chapter dealing
with the establishment of the NACC and article 28. However, it retained
other problematic provisions. Article 27 in the second draft allowed for legal
entities, including civil society organizations, to be dissolved for “cybercrimes”
committed by individuals within the organizations, which remained broadly
defined and subject to abuse.544 For example, article 13 of the second draft
539 Mech Dara, ‘Cyber Law to Protect Gov’t Honor, Ministry Says’, Cambodia Daily, 27 May 2015,
Available at: https://www.cambodiadaily.com/news/cyber-law-to-protect-govt-honor-ministrysays-84431/
540 CCHR, ‘CCHR Briefing Note – February 2016 Digital Wrongs? An Overview of the Situation of
Digital Rights in Cambodia’, February 2016 (‘CCHR Briefing Note, February 2016’) Available at:
https://cchrcambodia.org/admin/media/analysis/analysis/english/2016_03_03_CCHR_Briefing_
Note_Digital_Wrongs_ENG.pdf
541 See also CCHR Open Letter; CCHR Briefing Note, February 2016, p11.
542 Cybercrime Law Draft V.1 (‘Cybercrime Law First Draft’), Article 28, Unofficial English translation
available at: https://www.article19.org/data/files/medialibrary/37516/Draft-Law-On-CyberCrime_
Englishv1.pdf
543 Cybercrime Law First Draft, Chapter II.
544 CCHR Briefing Note, February 2016, p12.
137