Politically Motivated Criminal Charges against Members of the Opposition the Tbong Khmum Provincial Election Commission. The prevalence of defamation provisions being Party (CPP) tried to persuade voters to vote for used in this context is best illustrated in the case of the party with money before the commune council exiled former president of the Cambodia National election.35 On Oct. 7, 2022, Candlelight Party Vice- Rescue Party (CNRP), Sam Rainsy. In 2009, Rainsy President Son Chhay was convicted of defamation was charged with defamation for accusing Prime by the Phnom Penh Municipal Court in two separate Minister Hun Sen of corruption and alleging that a lawsuits filed by the NEC and the CPP after he Phnom Penh municipal governor had been involved publicly criticised the June 5 commune elections over in a vote-buying scandal.31 Since then, Rainsy has irregularities and the NEC’s lack of independence in faced almost yearly defamation lawsuits lodged a radio interview. In the lawsuit brought by the CPP, against him by government officials, many of which Chhay was sentenced to pay the ruling party KHR stem from statements he made on Facebook about 3 billion ($750,000) in damages as well as KHR 8 various political issues, such as the ruling party’s million ($2,000) in fines. In the lawsuit brought by bribery of a CNRP member to disband the opposition, the NEC, he was sentenced to pay KHR 9 million the Cambodian judiciary’s lack of independence ($2,250) in fines.36 In July 2023, Tithia Sum, a member and Prime Minister Hun Sen’s purchase of millions of the Candlelight Party, left Cambodia after being of Facebook “likes” to appear more popular.32 Sam informed of an arrest warrant issued against him. Rainsy has been living in self-imposed exile in France The notice from the Ministry of the Interior requested since 2015. In October 2023, a court sentenced him the cooperation of the Immigration Department in and opposition leader Mu Sochua to prison terms “blacklisting” him and preventing him from entering in a case linked to a Facebook discussion in early Cambodia. According to the notice, he is accused 2021 about whether Cambodians should temporarily of using Facebook from 2020 to 2022 to “insult the stop paying back their loans due to the slowdown in king and incite social unrest in Cambodia” on charges business activity across the country caused by the of lèse-majesté, an offence punishable by up to five COVID-19 pandemic. The Cambodian government years’ imprisonment and a fine of up to $2,500. At has formally banned his return to the country.33 the same time, Thol Samnang, a youth leader of the The complaint came after she posted a picture on Facebook suggesting that the Cambodian People’s Candlelight Party, was arrested in Bangkok two days Members of other opposition parties are also after fleeing Cambodia to escape the police. Earlier, targets of defamation lawsuits brought by the RGC. police had surrounded his residence in Kandal for On Dec. 7, 2020, Vice President of the League for two days, attempting to arrest him without a warrant. Democracy Party E. Saing Leng, was sued by the In the weeks preceding his arrest, Samnang had National Election Committee (NEC) for defamation expressed criticism of Prime Minister Hun Sen on and incitement as a result of his Facebook posts in Facebook, while calling on voters to protest against which he alleged irregularities and fraud in electronic the elections by spoiling their ballot papers.37 In voter registration lists.34 On Aug. 16, 2022, Sok Srey total, in 2023, 42 individuals were removed from the Nuon, the second deputy head of Tbong Khmum’s electoral roll and banned from standing for election Preah Theat commune from the Candlelight party, by the Phnom Penh Municipal Electoral Committee was summoned by the Tbong Khmum Provincial (PEC) under the new legislation in force.38 Court to testify on a defamation lawsuit filed against her by the ruling party. A few days later, on Aug. 22, In terms of activism, the RGC most frequently she was ordered by the NEC to pay a $1,250 fine to targets former members of the CNRP, activists and 46 Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia

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