A/HRC/42/60/Add.2 Ministry of Information Paragraph 60. “...Respect for press freedom is fundamental in this regard yet Cambodia score increasingly poorly on press freedom indices with the range of laws, such as Prakas on Social Media and the lese majeste provision in the Criminal Code referred to above, deployed to prosecute expression. Charges against two former RFA journalists remain. The Special Rapporteur is also concerned that restrictions on media affect not only press freedom but social accountability more generally…” 1. “...Respect for press freedom is fundamental in this regard yet Cambodia score increasingly poorly on press freedom indices with the range of laws, such as Prakas on Social Media and the lese majeste provision in the Criminal Code referred to above, deployed to prosecute expression…” Clarification Related to this point, the Ministry of Information would like to certify that this InterMinisterial Proclamation (Prakas) is not a new provision and it is not made to restrict the freedom of expression either. The Prakas aims to define the shared responsibility between relevant ministries on the issue, namely the Ministry of Information, the Ministry of Interior and the Ministry of Post and Telecommunication. In fact since the emergence of Internet and in particular the social media there was no clear indication of who is responsible on this matter. If we look at the realities on the ground since the adoption of this Prakas, no any attempt was made against any user of the social media in Cambodia, nor any account had been blocked or used the application of this Prakas. In addition, concerning the lese-majeste issue, it is clearly stipulate against any insult toward the King. “Insult” cannot be considered “Freedom of Expression” in Cambodia nor in any civilized society. 2. “…The Special Rapporteur is also concerned that restrictions on media affect not only press freedom but social accountability more generally…” Clarification The Ministry of Information would like to clarify on the issue based on three aspects below: 1. Legal Aspects: The Constitution of the Kingdom of Cambodia: Article 31: [“The Kingdom of Cambodia shall recognize and respect human rights as stipulated in the United Nations Charter, the Universal Declaration of Human Rights, the covenants and conventions related to human rights, women’s and children’s rights. Every Khmer citizen shall be equal before the law, enjoying the same rights, freedom and fulfilling the same obligation regardless of race, color, sex, language, religious, belief, political tendency, birth origin, social status, wealth or other status.”] Article 35: [“Khmer citizens of either sex shall have the rights to participate actively in political, economic, social and cultural life of the nation…”] Article 41: [“Khmer citizens shall have freedom of expression, press, publication and assembly…”] Law on Press, Article 2, states that “the Press has the right to maintain the confidentiality of its sources;” Article 3: “To maintain the independence of the press, pre-publication censorship shall be prohibited;” Article 18: “Foreigner can own or possess 20% of the total Khmer language newspaper;” Article 20: “No person shall be arrested or subject to criminal charges as the result of the expression of opinions.” 3