Restricting Expression on Grounds of Combating “Fake News” and Protecting National Security Another common justification for online censorship is the prohibition against “fake news,” enshrined in Article 425 of the Criminal Code. It applies to communications or disclosures of any “false information with a view of inducing a belief that a destruction, defacement or damage dangerous to other persons will be carried out” and carries a maximum imprisonment term of two years and a The 2015 Telecommunications Law, referred to hereinafter as the Telecommunications Law, criminalises various actions, including the use of equipment in the telecommunications sector “that may affect public order and lead to national insecurity”. These actions are regulated under Articles 66 and 80, and individuals found guilty could face penalties of up to 15 years in prison or a fine of KHR 300 million ($74,000). In addition, it establishes an enforcement body in charge of investigating suspected violations with the aid of the armed forces, a disproportionate measure per international human rights standards.21 fine of up to KHR 4 million ($980).15 Certain laws The Inter-Ministerial Prakas No. 170 on Controlling still undergoing the legislative process–such as the the Publication of Websites and the Handling of Draft Law on Cybercrime, Draft Law on Public Order, Social Media, issued in 2018, aims to regulate the and Draft Law on Access to Information–proscribe publication of all news content, including messages, the creation of disinformation and false statements, audio, photos, videos, and other means on websites further hindering online expression. The Draft Law and social media. The decree grants powers to the on Cybercrime, which was leaked in 2020, permits Ministries of Interior, Information and Posts and authorities to fine or imprison individuals for up Telecommunications to monitor online activities, to three years if they knowingly or intentionally as well as to block or shut down websites and/or makes a “false statement or disinformation through social media pages containing content deemed to 16 information technology” , which adversely affects pose a threat.22 The instruments punish publishers national security, public health and public safety, of content seen as unfit for publication or containing among others. false information with an imprisonment term of two 17 Article 40 prohibits “disturbing, frightening, threatening, violating, persecuting or verbally abusing others by means of a computer.”18 These formulations are so opaque and loose that they can be abused by authorities, especially in a country with a tarnished human rights record. The years and a maximum fine of $1,000.23 Rights-Abusing National Internet Gateway and a New Cybersecurity Law to Cement Government’s Grip on Online Freedoms draft undergoes perpetual modifications until the end of 2023. In October 2023, Access Now and the In February 2021, Cambodia signed into law the International Commission of Jurists (ICJ) sent a National Internet Gateway (NIG) Sub-Decree.24 joint letter to the Cambodian Ministries of Posts The decree establishes a single entry and exit and Telecommunications and Justice denouncing point for all online traffic to filter through before it this project and calling for its withdrawal. The reaches an end user, otherwise known as a single Draft Law on Public Order, released in August 2020, internet gateway. This law authorises the RGC to also raised alarm among human rights groups as exercise control over the online space and grant it expands the power of the RGC to control social authorities unfettered surveillance and enforcement media communications and disenfranchises women powers, thereby strengthening restrictions on online and gender minorities. expression already in place. Article 6 of the Sub- 42 20 19 Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia