PANDEMIC POLITICS: COVID-19 IMPACT ON ONLINE FREEDOM
The COVID-19 pandemic has provided ample grounds for
the RGC to further restrict online freedoms. In response
to the pandemic, the RGC passed a State of Emergency
Law providing the government with sweeping powers
to implement measures during states of emergency,
including restricting or prohibiting free speech and
movement, surveilling communication, as well as
monitoring and controlling social media.117 Article 5
especially restricts freedom of expression as it bans
or limits “distributing or broadcasting information that
can cause public panic or turmoil, damage to national
security, or confusion about the situation under the
State of Emergency.”118 This open-ended and vague
terminology grants authorities unrestrained discretion
when implementing the law, allowing for a selective
interpretation, targeting and stifling opposition. The
State of Emergency Law created overly broad and
excessively severe penalties for violating the law, as
individuals could face up to five years in prison and
fines of up to KHR 5 million ($1,200).119 Additionally, in
March 2021, the RGC passed the COVID-19 Law, which
contains several problematic provisions that restrict
online freedoms.120 Article 11 outlaws “intentionally
obstructing” the implementation of COVID-19 measures
and prescribes a prison sentence of up to five years
and a fine of up to KHR 20 million ($4,900). As of
March 2023, the law on the state of emergency has
been promulgated but never used.121
58
The authorities used the pandemic as a pretext to
further suppress online speech. For example, between
late January and June 2020, 30 individuals were
arrested for posting “fake news” online regarding
the COVID-19.122 In February 2021, two former CNRP
members were arrested and charged for criticising
the efficacy of the Chinese Sinopharm vaccine on
Facebook. In March 2021, another former CNRP
member was arrested after she posted on Facebook
that the Chinese Sinopharm vaccine was unsafe and
caused several deaths.123
Journalists and independent media have also been
harassed for their online activities. In March 2020,
Sovann Rithy was arrested for accurately quoting a
comment made by Prime Minister Hun Sen during a
speech on COVID-19. His online media outlet, TVFB,
was blocked and its licence revoked.124 In May 2020,
Monoroom.info news website was blocked by the
RGC after it published several articles relating to
COVID-19 in Cambodia.125 COVID-19 has also been
used as an excuse to monitor online activities at
disproportionate rates. In February 2021, the MoI
announced that it was expanding its monitoring
capabilities to include TikTok, as well as WhatsApp,
Messenger, and Telegram to tackle so-called “fake
news” surrounding COVID-19.126
Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia