A/HRC/45/51 commit discrimination and provocation to cause social insecurity and chaos. The comments received from the Government provide further technical and statistical information on media in Cambodia. 21. In July 2019, several special procedures joined an allegation letter concerning the arrests and prosecutions of Kong Raiya and Soung Neakpaon. Both were arrested in connection with activities commemorating the third anniversary of the July 2016 murder of Kem Ley.14 22. The alleged offence of Mr. Raiya under the Criminal Code of Cambodia was provocation to commit offence (arts. 494 and 495) occasioned by promoting printed T-shirts featuring writing and an image of Mr. Ley. The Government stated that the activity was aimed at inciting social unrest and hatred. 15 Mr. Raiya was detained from July until November, when he was released on bail, along with a number of other individuals who had been detained over the preceding months. In June 2020, he was convicted and sentenced to two years in prison. 23. Mr. Neakpaon was seeking to commemorate the death of Mr. Ley at the location where he had been fatally shot. According to the Government clarification, Mr. Neakpaon was arrested when he stated that the authorities should look for the killer of Mr. Ley. As an individual had already been convicted in relation to the murder, the Government explained that his statement could mislead the public and erode confidence in the court decision, thereby inciting social unrest.16 24. The Government has publicly clarified its understanding of the situation and the circumstances justifying invoking national laws to limit freedom of expression. 17 The Government stated that political discourse and commenting on public affairs with insult, incitement to commit a felony, call for rebellions against a democratically elected government, and the purposeful or unintentional spreading of fake news and disinformation do not equate to freedom of expression and legitimate speech. They can jeopardize the rule of law, human rights and democracy at once and for all. 18 Certainly, as the Government notes, freedom of expression can be limited to preserve public health and order. However, political discourse and commenting on public affairs, even critically, is not in itself sufficient to threaten public health or public order. Criticizing the Government and holding it to account is integral to a democratic society. With no political opposition, the role of civil society and the public to hold the Government to account is ever more crucial. Constructive criticism and the positive joint creation of solutions to identified challenges is important. 25. Great care is required with regard to online content regulation, as the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression has reiterated. 19 The wide range of laws, including criminal laws, which continue to be invoked to limit freedom of expression should be reviewed, in particular when pretrial detention continues to be used extensively, rather than in the exceptional circumstances noted in the Criminal Code. In addition, when arresting people during the current pandemic, the Government should be mindful of the guidance offered by the Working Group on Arbitrary Detention in its Deliberation No. 11, on prevention of arbitrary deprivation of liberty in the context of public health emergencies.20 26. The Special Rapporteur is deeply concerned over the recent increase in cases of harassment and criminalization of environmental and land activists. In April 2020, the 14 15 16 17 18 19 20 6 OHCHR, communication AL KHM 4/2016, dated 12 July 2016. Available at http://spcommreports.ohchr.org. Government of Cambodia, communication No. 2019/09/328, dated 13 September 2019, in response to OHCHR communication KHM 4/2019. Available at http://spcommreports.ohchr.org. Ibid. Press release dated 3 June 2020 of the Permanent Mission of Cambodia in Geneva, as reproduced in Fresh News Asia, “Cambodia Mission in Geneva: spread of fake news and disinformation not equivalent to freedom of expression and legitimate speech”, 4 June 2020. See also the comments received from the Government, pertaining to paras. 21–23. Press release dated 3 June 2020 of the Permanent Mission of Cambodia in Geneva, para. 4. A/HRC/38/35. For a summary, see www.ohchr.org/Documents/Issues/Expression/Factsheet_2.pdf. www.ohchr.org/Documents/Issues/Detention/DeliberationNo11.pdf (para. 22).