explicitly extend only to “Khmer citizens” rather than all individuals subject to the jurisdiction of Cambodian law. For example, Article 41 states that “Khmer citizens shall have freedom of expression of their ideas.”11 Article 80 guarantees the right to freedom of expression of members of the National Assembly. It states: “No assembly member shall be prosecuted, detained or arrested because of opinions expressed during the exercise of his (her) duty.” The Constitution also safeguards freedom of expression by guaranteeing closely related rights. Article 35 promotes an environment in which citizens are empowered to exercise their right to freedom of expression and involve themselves in public affairs. It states: “Khmer citizens of either sex shall have the right to participate actively in the political, economic, social and cultural life of the nation. All requests from citizens shall be thoroughly considered and resolved by institutions of the state.” Article 39 ensures the right to denounce public officials for a breach of the law committed during the course of their duties. It states: “Khmer citizens have the right to denounce, make complaints, or claim for compensation for damages caused by any breach of the law by institutions of the states, social organizations or by members of such organizations.” Article 40 of the Cambodian Constitution confers upon citizens the “right to privacy of residence, and to the secrecy of correspondence by mail, telegram, fax, telex and telephone.” As the Constitution was drafted at the beginning of the 1990s, no reference to the internet or ICT was included.12 Law on the Press (Press Law) At first glance, the Press Law seems to take a relatively liberal and protective approach to freedom of expression. Article 1 provides: “This law determines the regime of the press and assures freedom of the press and freedom of publication in conformity with article 31 and 41 of the Constitution of the Kingdom of Cambodia.”13 11 Constitution of the Kingdom of Cambodia (1993). English translation referenced from: sithi.org/admin/upload/ law/2008_02_19_Constitution(EN)_including%20Amendment%20 (1).pdf 12 CCHR. (2016). Digital Wrongs? An Overview of the Situation of Digital Rights in Cambodia. cchrcambodia.org/admin/media/ analysis/analysis/english/2016_03_03_CCHR_Briefing_Note_ Digital_Wrongs_ENG.pdf 13 Law on the Press (1995). English translation referenced from: sithi. org/admin/upload/law/Law%20on%20the%20Press%20(1995). ENG.pdf Article 3 provides for the right to freedom from pre-publication censorship: “To maintain the independence of the press, pre-publication censorship shall be prohibited.” According to Article 4, “[t]he publication of official information such as statements, meetings, meeting minutes or reports, etc. may not be penalized if such publication is fully true or an accurate summary of the truth.” Finally, in its Article 20, the Press Law provides that no person shall face criminal liability for the expression of opinion: “Any act committed by an employer, editor or author of a text which violates the criminal law shall be punished according to the criminal law. No person shall be arrested or subject to criminal charges as the result of the expression of opinions.” Nevertheless, the Press Law also contains broad restrictions and obligations intended to regulate or to control the press. Freedom of expression may be endangered. See the section on sectoral laws for more detail. Law on the Election of Members of the National Assembly (LEMNA) The importance of human rights in the context of elections is recognised by the LEMNA. Article 73 provides: “During the electioral campaign period and on polling day all political parties and candidates, members and supporters of political parties […] shall respect the principles of human rights and democracy enshrined in the Constitution of the Kingdom of Cambodia.”14 The LEMNA also contains numerous restrictions on freedom of expression that appear to be applicable to online expression. See the section on sectoral laws for further details. Law on Education (Education Law) Article 18 of the Education Law stipulates that “[h]igher education shall teach learners to have complete personality and characteristic and promote the scientific, technical, cultural and social researches in order to achieve capacity, knowledge, skill, morality, inventive and creative ideas and enterprise spirit to the development of the country.”15 These goals will be difficult to reach if freedom of expression is not ensured. 14 Law on the Election of Members of the National Assembly (1997). English translation referenced from: sithi.org/admin/upload/law/ Law%20on%20the%20Election%20of%20the%20Members%20 of%20the%20National%20Assembly%20(1997)%20with%20 first,%20second%20and%20third%20a.pdf 15 Law on Education (2007). English translation referenced from: www.moeys.gov.kh/images/moeys/laws-and-regulations/48/ EducationLaw-EN.pdf CAMBODIA / 35