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
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