Curtailing Free Expression, Opinion and Information Online in Southeast Asia Case of Kheang Navy In May 2018, Kheang Navy, a 50-year-old primary school principal, was arrested and detained under article 437 bis of the Criminal Code for posting comments on Facebook which had allegedly insinuated a connection between the King and the dissolution of the main opposition political party, Cambodia National Rescue Party (CNRP) prior to the 2018 elections.237 Navy was questioned for hours without the presence of a lawyer – in violation of his right to have legal assistance – and held in pre-trial detention until he was convicted in October 2018 to two years in prison, with 18 months suspended.238 In November 2018, Navy was released.239 Case of Ban Samphy In May 2018, Ban Samphy, a 70-year-old former district leader of the opposition Cambodia National Rescue Party (CNRP) was arrested and charged under article 437 bis of the Criminal Code for sharing a post on Facebook that had allegedly criticized the King, which reportedly included a picture of Prime Minister Hun Sen and his wife and a picture of the King, along with a video clip of angry villagers who had been affected by flooding. His post had also compared the King with former kings of Cambodia.240 In October 2018, Samphy was convicted and sentenced to one year in prison, with five months suspended. In January 2019, however, an appeal court conducted a hearing in Samphy’s absence – in violation of his fair trial right to be present at his trial – following an appeal by the deputy prosecutor to impose a lengthier sentence on Samphy. In February 2019, the court sentenced him to one year in prison, with two months suspended.241 In March 2019, Samphy was released.242 237 Kim Sarom, ‘Lese majeste convict not free’, Phnom Penh Post, 13 February 2019, Available at: https://www.phnompenhpost.com/national/lese-majeste-convict-not-free 238 Human Rights Watch, ‘Political Prisoners Cambodia’, October 2019, (‘HRW Political Prisoners page 2019’), Available at: https://www.hrw.org/video-photos/interactive/2019/10/20/politicalprisoners-cambodia 239 Ibid. 240 LICADHO, ‘Cambodia’s First Lèse Majesté Conviction’, 5 October 2018, Available at: http://www. licadho-cambodia.org/flashnews.php?perm=261; HRW Political Prisoners page 2019. 241 HRW Political Prisoners page 2019. 242 Ibid. 71