owners, editors and publishers working within the media. For instance, while Article 20 claims to guarantee freedom of expression, no indication or guidance is given as to what would constitute the expression of a protected opinion as opposed to an act of defamation or libel, which means that the effectiveness and reliability of this carve out is unfortunately compromised due to the loose drafting of the provision.47 Moreover, the Press Law imposes content restrictions in relation to anything which “may affect the public order by inciting directly one or more persons to commit violence” (Article 11) or which “may cause harm to the national security and political stability” (Article 12) or which affects “the good custom of society” (Article 14). The Press Law also constrains criticism of public officials and institutions by providing that “[t]he press shall not publish or reproduce false information which humiliates or contempts national institutions” (Article 13).48 These terms remain undefined and therefore undermine the scope of Article 1, which, as stated earlier, takes a protective approach. They are potentially problematic because they involve high financial sanctions and, in the case of Article 12, the possibility for the Ministries of Information and Interior to suspend publications for up to 30 days, without any recourse to appeal.49 Law on Education (Education Law) Article 34 of the Education Law states: “Educational institutions and establishments shall respect the principles of neutrality. Political activities and/or propaganda for any political party in educational establishments and institutions shall be completely banned.” It is unclear whether this provision applies to online activity, although it can be assumed that it does, based on the general trend of laws in Cambodia restricting expression being applied online despite lacking any overt mention of online activity. This provision, by preventing political groups from organising events or conducting activities in educational contexts, and preventing the formation 47 CCHR. (2012). An overview of Cambodian laws relating to freedom of expression and a summary of recent case examples to show how laws are used and abused to stifle dissent. cchrcambodia.org/ admin/media/analysis/analysis/english/2012_10_30_CCHR%20 Briefing%20Note%20_%20Cambodian%20laws%20relating%20 to%20freedom%20of%20expression%20and%20recent%20 case%20examples%20-%20ENG.pdf 48 Sopheap, C. (2015, 19 February). Cambodia: a long way towards freedom of expression. WACC. www.waccglobal.org/articles/ cambodia-a-long-way-towards-freedom-of-expression 49 CCHR. (2011). The Law on the Press 1995 (“the Press Law”). cchrcambodia.org/admin/media/factsheet/factsheet/english/ CCHR Fact Sheet Law Review Series - Press Law (ENG).pdf of political groups in educational institutions and establishments, constitutes a severe restriction on freedom of expression. Vague terms like “neutrality” and “propaganda” can be used to target activities by groups not aligned with or deemed not supportive of the ruling party. It is worth highlighting that, in practice, Article 34 does not apply equally to all political parties. Article 52 outlines high penalties for violations of Article 34. The fine is normally between one million riels (USD 240) and five million riels (USD 1,200); it will be doubled in the case of a repeat violation. Article 52 also outlines larger and more punitive sanctions for legal entities: the fine will be between 10 and 20 million riels (USD 2,400 and USD 4,800); this amount will be doubled in the case of a repeat violation. For educational institutions, nevertheless, a recidivous violation will lead to the suspension or the permanent revocation of the educational licence of the establishment. In addition, the “Instruction on preventing political activities or political propaganda at public and private academic institutions” (also known as the Education Circular) – a form of secondary law which outlines in greater detail the scope of the Education Law – provides that the fines established in the Education Law50 for violation of Article 34 apply to academic staff, in addition to educational institutions, as already provided for in the law, adding a further restriction on individual freedom of expression. Article 42 deals with advertising or propagandising educational information. It gives significant powers to the Ministry of Education, Youth and Sport (MoEYS), which is in charge of authorising such information. Article 53 outlines severe penalties for violations of Article 42. The fine is normally between two million riels (USD 480) and 10 million riels (USD 2,400); it will be doubled in the case of a repeat violation and may lead to the suspension or the cancellation of the educational licences of educational institutions or establishments. Education Circular On 11 August 2015, the MoEYS published an Education Circular which goes beyond the text of the Education Law to impose additional restrictions on the freedoms of expression and association in an educational context. It appears to directly contradict the rights guarantees contained in Articles 35 and 37 by imposing a sweeping ban on freedom 50 Law on Education (2007). English translation referenced from: www.moeys.gov.kh/images/moeys/laws-and-regulations/48/ EducationLaw-EN.pdf CAMBODIA / 43