PANDEMIC POLITICS: COVID-19 IMPACT ON ONLINE FREEDOM The COVID-19 pandemic has provided ample grounds for the RGC to further restrict online freedoms. In response to the pandemic, the RGC passed a State of Emergency Law providing the government with sweeping powers to implement measures during states of emergency, including restricting or prohibiting free speech and movement, surveilling communication, as well as monitoring and controlling social media.117 Article 5 especially restricts freedom of expression as it bans or limits “distributing or broadcasting information that can cause public panic or turmoil, damage to national security, or confusion about the situation under the State of Emergency.”118 This open-ended and vague terminology grants authorities unrestrained discretion when implementing the law, allowing for a selective interpretation, targeting and stifling opposition. The State of Emergency Law created overly broad and excessively severe penalties for violating the law, as individuals could face up to five years in prison and fines of up to KHR 5 million ($1,200).119 Additionally, in March 2021, the RGC passed the COVID-19 Law, which contains several problematic provisions that restrict online freedoms.120 Article 11 outlaws “intentionally obstructing” the implementation of COVID-19 measures and prescribes a prison sentence of up to five years and a fine of up to KHR 20 million ($4,900). As of March 2023, the law on the state of emergency has been promulgated but never used.121 58 The authorities used the pandemic as a pretext to further suppress online speech. For example, between late January and June 2020, 30 individuals were arrested for posting “fake news” online regarding the COVID-19.122 In February 2021, two former CNRP members were arrested and charged for criticising the efficacy of the Chinese Sinopharm vaccine on Facebook. In March 2021, another former CNRP member was arrested after she posted on Facebook that the Chinese Sinopharm vaccine was unsafe and caused several deaths.123 Journalists and independent media have also been harassed for their online activities. In March 2020, Sovann Rithy was arrested for accurately quoting a comment made by Prime Minister Hun Sen during a speech on COVID-19. His online media outlet, TVFB, was blocked and its licence revoked.124 In May 2020, Monoroom.info news website was blocked by the RGC after it published several articles relating to COVID-19 in Cambodia.125 COVID-19 has also been used as an excuse to monitor online activities at disproportionate rates. In February 2021, the MoI announced that it was expanding its monitoring capabilities to include TikTok, as well as WhatsApp, Messenger, and Telegram to tackle so-called “fake news” surrounding COVID-19.126 Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia

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