A/HRC/33/62 (threat to destroy accompanied by an order) and 456 (insurrection). Information received on arrests, investigations and court proceedings over the past year indicated that many of the provisions and other laws are being invoked in a discriminatory manner, giving the impression of restrictions applied in furtherance of political objectives. The Government should monitor how the laws are applied; systematically recording and publishing cases should provide credible information. 32. In a report submitted to the Human Rights Council at its twenty-sixth session, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression focused on freedom of expression in an electoral context. He warned against the adoption of laws to control or regulate political speech immediately before and during elections, and gave an example of the criminalization of “online slander or insults” and the selective interpretation and enforcement of existing laws (A/HRC/26/30, paras. 38-40). The Government of Cambodia must ensure that all laws are applied without distinction to political opinion, giving effect to freedom of expression in accordance with article 2 of the International Covenant on Civil and Political Rights. The Human Rights Committee recommended that the Government consider decriminalizing defamation and reviewing the other sections of the Criminal Code to bring them into line with article 19 of the Covenant (see CCPR/C/KHM/CO/2, para. 21(c)).9 According to the Committee, freedom of expression is important to the realization of the rights to political participation and to vote (see CCPR/C/GC/34, para. 20 and CCPR/C/21/Rev.1/Add.7). The Committee has also pointed out that Heads of State and Government are legitimately subject to criticism and opposition, and that the mere fact that forms of expression are considered to be insulting to a public figure is not sufficient to justify the imposition of penalties (CCPR/C/GC/34, para. 38). Great care must therefore be taken when articles 305 to 312 of the Criminal Code of 2009 are applied. The Special Rapporteur suggests that the Government consider reviewing the necessity of these criminal provisions in the light of the application of the International Covenant on Civil and Political Rights. In the meantime, implementing guidelines could assist law enforcement officers and members of the judiciary in applying laws on defamation, public insult and malicious denunciation to ensure that an appropriate balance is struck in favour of freedom of expression. 33. Another concern raised by stakeholders concerns the monitoring of and restrictions on the use of the Internet. The number of Internet users has continued to grow exponentially in Cambodia. Although statistical information varies, it appears that more than two fifths of the population regularly use the Internet. With the predominance of Facebook as a means of social interaction, activism and communication, a number of senior government officials, not least the Prime Minister, now author official Facebook pages. Article 19 of the International Covenant on Civil and Political Rights protects freedom of expression through electronic and digital means (see CCPR/C/GC/34).10 As affirmed also by the Human Rights Council in its resolution 20/8. Particular care should therefore be taken to ensure respect for freedom of expression when arresting, detaining and prosecuting those posting materials on social media. 34. The Special Rapporteur understands that laws on cybercrime are currently being drafted, and urges dissemination of the drafts, when available, for meaningful discussion with stakeholders on the nature and scope of proposed regulations. Public dissemination of draft laws is necessary to ensure greater transparency in law-making and to allow consultation and consideration of the compatibility of proposed provisions with 9 10 See also A/HRC/26/16, paras. 118.15-16, 118.20-21 and 118.102. Ibid., para. 118.103. 11