their concerns over the Law’s efficacy. The state of
the most frequently targeted. Prosecutions against
Cambodia’s politics, according to signatories, would
activists (52 people, or 31% of cases) were linked
subjugate the envisioned Institution and strip it of
to their views on the elections. A further 21% of
the independence it requires to operate effectively.
cases involved complaints against journalists (nine
141
people) after publishing or covering stories related to
Lack of Anti-SLAPP and Whistleblowers
Protection: A Challenge for Freedom
of Speech
corruption or sensitive issues. SLAPPs were initiated
Despite the general protections provided under
targeting several individuals simultaneously. A
international treaties and the Cambodian Constitution,
concrete example of this judicial repression is
there is no specific legislation in Cambodia that
the case of Mr Phat Horn, journalist for KH Plus
explicitly protects activists and HRDs from harassment.
News, who was summoned and questioned by the
Individuals who face strategic lawsuits against
Svay Rieng provincial police in September 2023
public participation (SLAPP) proceedings, which are
following a live video denouncing irregularities in road
regularly resorted to by the RGC to stifle activism, are
construction. A complaint for “public defamation”
rendered virtually powerless, given the absence of an
lodged by the Svay Rieng provincial administration
anti-SLAPP regime in the country. Additionally, there
led to an interrogation before the provincial court
is an absence of legal protection for whistleblowers
on 26 September 2023.145
in every month of 2023, with a notable increase in July
during the national elections, most of them issued
by the government or the judiciary and frequently
and basis for witness protection. As such, anyone
who engages in online activism is vulnerable to
government targeting not only when they are party
to a SLAPP proceeding, but also when they supply
information to authorities or testify in a case.142
In 2022, SLAPPs were used 37 times against 79
individuals, compared with 127 individuals targeted
by SLAPPs in 2023, 53 of whom were convicted. 143
For example, Kong Bunrith, a Cambodian university
student, claimed on Facebook in February 2020 that
his fellow students had bribed officials to pass their
exams. The authorities launched an investigation,
but the Ministry of Justice chose to target Bunrith
himself, accusing him of incitement, defamation
and slander. Bunrith claimed that he had obtained
the information from a confidential source and had
simply wanted to alert the authorities. Under pressure
and the threat of a prison sentence, Bunrith finally
retracted his allegations in 2022.144
In 2023, there were 39 suspected cases of SLAPPs
against 127 individuals. Political activists, journalists
and members of landowning communities were
Cambodia
61