Criminalisation of Defamation and the Lèse-Majesté Law: the Criminal Code Defamation is punishable by criminal sanctions and broad provisions are included within the Cambodian Criminal Code. Article 305 of the Code defines defamation as “any allegation or charge made in bad faith which tends to injure the honour or reputation of a person or an institution.”4 Thus, any person who engages in such an act may expose themselves to a penalty. The term “statements” is understood to encompass words made in written documents, photos or audio-visual communications released to the public. Article 305 also applies broadly to defamatory statements carried out with the help of the media.5 The term “injure” on the other hand, is not accompanied by any fixed definition, nor is there settled jurisprudence to clarify its scope; Cambodian courts therefore retain broad discretion in interpreting 494 and 496 of the same, both of which carry an imprisonment term.9 Aside from general defamation provisions, the RGC regularly bypasses the constitutionally guaranteed freedom of expression against its critics by invoking Articles 437-bis (lèse-majesté or insult of a monarch) and 425 (falsification of information) of the Criminal Code. Article 437-bis prohibits any person from defaming, insulting or threatening the dignity of the King by means of “any speeches, gestures, scripts/ writing, paintings, or items.”10 The Cambodian Justice Minister purportedly confirmed in an interview that the lèse-majesté offence applies to media outlets who publish content deemed insulting to the King.11 Moreover, in 2018, the Ministry of Information (MoI) warned media outlets against publicising, distributing, or circulating articles, videos, photos or voice recordings that offend the King.12 it and determining the types of expressions which are injurious in nature. Individuals or media outlets who post content perceived to be defamatory may face steep fines and, potentially, imprisonment.6 The Criminal Code contains another provision, Article 307, on so-called public insult, i.e. “outrageous expression, term of contempt or any invective that does not involve any imputation of fact.”7 Those falling within the ambit of this Article are, among others, statements made in public, written documents, pictures, or audio-visual communication forms released publicly. Violations of Articles 305 and 307 are punishable by a fine of up to KHR 10 million ($2,500), an exorbitant amount in light of the Cambodian minimum wage of roughly $190 per Defamation or Public Insult by Media: 1995 Press Law Under articles 306 and 308 of the Penal Code, defamation or public insult cases involving media outlets are specifically regulated by Article 308 and Article 10 of the 1995 Press Law. These provisions enforce civil penalties of up to KHR 5 million ($1,200) for the publication of false or harmful content, including articles, text, pictures, or drawings that undermine the dignity of an individual.13 Article 20 of the Press Law is particularly problematic; it appears to be a catchall provision which criminalises any act which runs counter to the country’s criminal law month for those working in formal economic sectors.8 “committed by an employer, editor or author of a text.” Individuals charged with defamation against the from its scope. However, in the absence of a precise Royal Government of Cambodia (RGC) or its officials definition or interpretive guideline, the exception can simultaneously be charged with incitement to is devoid of meaning; judges or law enforcement either commit a felony under Articles 494 and 495 of can easily apply narrow understandings that harm the Criminal Code or to discriminate under Articles accused persons.14 Cambodia The Article does exclude “expression of opinions” 41