Cambodian Journalists Alliance Association

Cambodian Journalists Face Legal Intimidation; Use of Criminal Law Instead Of Press Law

Journalists cover an event in Phnom Penh on June 26, 2024. (CamboJA/Pring Samrang)
Journalists cover an event in Phnom Penh on June 26, 2024. (CamboJA/Pring Samrang)

In Cambodia, “legal intimidation remains a major concern” for journalists covering sensitive topics, according to Cambodian Journalists Alliance Association (CamboJA) in its latest quarterly monitoring report on the journalism situation in the country.

The second quarter report (April to June) recorded seven cases of harassment against 11 journalists, while the first quarter saw 10 harassment cases involving 18 journalists. 

Almost all cases recorded in the quarter comprised legal intimidation. Six cases involved 10 journalists who were detained, and summoned for questioning and sentenced. One journalist experienced physical harassment where his hands were tied with a rope and his phone confiscated by military police. 

Most of the harassment and intimidation cases were carried out by state actors, such as military officers, governors and local authorities and mostly related to environment reporting. 

In one case, an online journalist in Mondulkiri had his three-year jail sentence suspended. Another journalist in Kampong Thom was imprisoned on charges of incitement for doing a live telecast where he criticized the provincial environmental department director and the authorities for carrying out alleged deforestation activities.

In Pursat, journalists were sued for defamation and incitement for reporting land clearing activities. Two online journalists in Takeo were arrested for incitement for reporting live on Facebook about the lack of water for irrigation in Angkor Borei district. A publisher of an online TV in Battambang was convicted for defamation for reporting a land dispute.

A journalist in Ratanakiri was summoned for questioning after reporting on bribery, while another journalist in Poipet was allegedly physically assaulted by military police after covering a crackdown on “anarchic” activities.  

The six cases of legal intimidation represented 86% of the seven cases in the second quarter compared to seven instances in the first quarter, equivalent to 70%. Owing to the cases, legal intimidation was said to be a major concern among journalists.

“When there is a complaint against journalists, the court immediately takes action and arrests the journalist without any investigation,” a journalist was quoted as saying in the report, adding that the press law should be used rather than the criminal law.

CamboJA executive director Nop Vy said restrictions on the work of journalists was a new trend where different laws or policies to impede their freedom were being used. In fact, in the last three months, the use of the legal system against journalists was on the rise.

The press law has not been used like in the past, instead the criminal code was applied to punish journalists, particularly in relation to incitement and defamation, he said. 

“Providing training and inviting authorities from all levels to participate in raising awareness and training on law enforcement and discussions with the media should be done as much as possible to ensure the effectiveness of law enforcement such as the press law, which [should be] used effectively to protect journalists’ interests,” he added.

Vy remarked that Cambodia should review relevant laws, and how the current law may pose a risk to journalists. The government should also be prepared to amend these laws.

President of the Asia Law Office, Kong Sam Onn, said it was not right to apply criminal law on journalists unless it was related to a criminal offense defined by the law, such as fraud or extortion. “For me, I understand that it is not right.”

If the media knew that a story was “not true” and continued to publish it, that would be a mistake, he said. “But if they didn’t know that it was not true and reported it, it [would be] a professional mistake. Journalists should research before writing their articles.”

Reiterating that journalists should not be subjected to criminal law or immediate arrest for their articles, Sam Onn said guidance should instead be given by relevant institutions, especially the Ministry of Information.

That said, criminal law stipulates that the dissemination of false information was punishable by imprisonment, especially in cases where the court has proven that the story was false, but the journalist went ahead with publishing it, which resulted in their conviction. 

In this regard, he mentioned, it can be viewed as “intimidation by way of threats”, and undermined the freedom of expression of journalists.

According to the World Press Freedom Index from Reporters Without Borders on May 3, Cambodia ranked 151 out of 180 countries, down from 147 in 2023. The country’s overall score dropped to 34 in 2024 from 42 in 2023. 

Journalists interview NGO staff during Kem Ley’s eighth death anniversary on July 10, 2024. (CamboJA/Chhorn Chansy)

Earlier this year, the Ministry of Information conducted a survey on 341 media practitioners and published its first-ever report on the situation of journalism freedom in Cambodia. About 79.8% of the respondents said the situation of press freedom in the country was “good” or “very good,” while 95% said media diversity had a positive impact on press freedom. About 80% said they have “full freedom” to do their job safely.

When contacted, Ministry of Information spokesperson Tep Asnarith thanked CamboJA for putting together the information on incidents relating to journalists’ work. The record of these cases contributed to general information and provided input for further investigation to ensure that each case has sufficient input, both factual and legal, in order to reach a conclusion or solution, he said.

Providing support and legal protection to properly registered journalists was a “top priority” of the ministry and government. 

Asnarith said the ministry reviewed requests by registered journalists who encountered problems or disputes during their work (respect professional ethics and perform duties within the law) for protection, facilitation and legal advice to find a solution, and also the provision of a lawyer to represent journalists.

In the first half of 2024, the ministry mediated a total of 20 disputes and issues involving journalists and was in the process of providing a lawyer in court for some disputes. Last year, 43 media disputes were resolved while legal advice was given to 50 media units. The ministry also provided defense lawyers and successfully completed 11 cases that year.

However, he did not directly respond to the question on the use of press law rather than criminal law if the journalist wrote a false report, and if they can be offered time to correct the information. 

Instead, he urged journalists and media outlets to adhere to journalism ethics, to perform their duties within the framework set by law and “not go beyond their role and responsibilities as a journalist”.

For the first half of 2024, the ministry recorded six cases of professional misconduct involving journalists, who “admitted to their mistakes” and agreed to practice ethical reporting. “Journalists must not act on behalf of the authorities or of the courts,” he added. 

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