Politically Motivated Criminal Charges
against Members of the Opposition
the Tbong Khmum Provincial Election Commission.
The prevalence of defamation provisions being
Party (CPP) tried to persuade voters to vote for
used in this context is best illustrated in the case of
the party with money before the commune council
exiled former president of the Cambodia National
election.35 On Oct. 7, 2022, Candlelight Party Vice-
Rescue Party (CNRP), Sam Rainsy. In 2009, Rainsy
President Son Chhay was convicted of defamation
was charged with defamation for accusing Prime
by the Phnom Penh Municipal Court in two separate
Minister Hun Sen of corruption and alleging that a
lawsuits filed by the NEC and the CPP after he
Phnom Penh municipal governor had been involved
publicly criticised the June 5 commune elections over
in a vote-buying scandal.31 Since then, Rainsy has
irregularities and the NEC’s lack of independence in
faced almost yearly defamation lawsuits lodged
a radio interview. In the lawsuit brought by the CPP,
against him by government officials, many of which
Chhay was sentenced to pay the ruling party KHR
stem from statements he made on Facebook about
3 billion ($750,000) in damages as well as KHR 8
various political issues, such as the ruling party’s
million ($2,000) in fines. In the lawsuit brought by
bribery of a CNRP member to disband the opposition,
the NEC, he was sentenced to pay KHR 9 million
the Cambodian judiciary’s lack of independence
($2,250) in fines.36 In July 2023, Tithia Sum, a member
and Prime Minister Hun Sen’s purchase of millions
of the Candlelight Party, left Cambodia after being
of Facebook “likes” to appear more popular.32 Sam
informed of an arrest warrant issued against him.
Rainsy has been living in self-imposed exile in France
The notice from the Ministry of the Interior requested
since 2015. In October 2023, a court sentenced him
the cooperation of the Immigration Department in
and opposition leader Mu Sochua to prison terms
“blacklisting” him and preventing him from entering
in a case linked to a Facebook discussion in early
Cambodia. According to the notice, he is accused
2021 about whether Cambodians should temporarily
of using Facebook from 2020 to 2022 to “insult the
stop paying back their loans due to the slowdown in
king and incite social unrest in Cambodia” on charges
business activity across the country caused by the
of lèse-majesté, an offence punishable by up to five
COVID-19 pandemic. The Cambodian government
years’ imprisonment and a fine of up to $2,500. At
has formally banned his return to the country.33
the same time, Thol Samnang, a youth leader of the
The complaint came after she posted a picture on
Facebook suggesting that the Cambodian People’s
Candlelight Party, was arrested in Bangkok two days
Members of other opposition parties are also
after fleeing Cambodia to escape the police. Earlier,
targets of defamation lawsuits brought by the RGC.
police had surrounded his residence in Kandal for
On Dec. 7, 2020, Vice President of the League for
two days, attempting to arrest him without a warrant.
Democracy Party E. Saing Leng, was sued by the
In the weeks preceding his arrest, Samnang had
National Election Committee (NEC) for defamation
expressed criticism of Prime Minister Hun Sen on
and incitement as a result of his Facebook posts in
Facebook, while calling on voters to protest against
which he alleged irregularities and fraud in electronic
the elections by spoiling their ballot papers.37 In
voter registration lists.34 On Aug. 16, 2022, Sok Srey
total, in 2023, 42 individuals were removed from the
Nuon, the second deputy head of Tbong Khmum’s
electoral roll and banned from standing for election
Preah Theat commune from the Candlelight party,
by the Phnom Penh Municipal Electoral Committee
was summoned by the Tbong Khmum Provincial
(PEC) under the new legislation in force.38
Court to testify on a defamation lawsuit filed against
her by the ruling party. A few days later, on Aug. 22,
In terms of activism, the RGC most frequently
she was ordered by the NEC to pay a $1,250 fine to
targets former members of the CNRP, activists and
46
Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia