Battambang– A lawyer representing two journalists, who were sentenced to 14 years for treason by the Siem Reap Provincial Court last year, requested the Battambang Appeal Court on March 13 to amend their charges to reflect a lesser offense.
Lawyer Un Chanthol argued that the charges should fall under Article 479, paragraph two of the Criminal Code, rather than Article 445 (supplying information prejudicial to national defense to foreign states) for which they were convicted.
He said Article 479, which concerns intentional or unintentional revealing of national defence secrets, was “more appropriate” to their case. It states that the disclosure of national defense secrets due to carelessness, negligence, recklessness or disobedience of orders, may result in imprisonment of six months to two years and a fine from one million to four million riel.
Chanthol’s request follows prosecutor Kong Khemarin deciding to maintain the original charges following the interrogation of the journalists, in accordance with the verdict of the Siem Reap Provincial Court on December 17, 2025.
Khemarin said that although the defendants denied wrongdoing, their statements during questioning indicated violations of the law.
The Siem Reap court sentenced Phon Sopheap from Battambang Post and Pheap Pheara of TSP68 TV Online to 14 years jail under Article 445 of the Criminal Code for “supplying a foreign state with information prejudicial to national defence” in Oddar Meanchey province and on social media platforms between July 25 and July 31, 2025.
The two journalists were arrested separately on July 31, 2025, after returning from reporting in the province.
It is unclear which of their posts led to the charges. However, the two journalists were photographed with Cambodian soldiers in front of Ta Krabey Temple after a ceasefire was declared following the Thailand-Cambodia conflict in July.
Later, Thai media outlets published these images, claiming they showed unexploded landmines in the background.
Both Sopheap and Pheara filed an appeal to the Battambang Appeal Court on December 22, 2025, against the Siem Reap Provincial Court’s decision stating that they did not commit the acts as accused by the prosecution.
The appeal hearing was also attended by the family members, journalist associations, civil society organizations, and diplomatic representatives.
Presiding judge Y Kheang questioned the two about the evidence found by authorities, asking them what authority did they have to access frontline military units, including the Ampil District Military Subdivision, Thma Don, and Ta Krabey Temple, where assistance such as money, power banks, instant noodles, and bottled water were delivered.
The judge said the journalists impersonated humanitarian workers from “Her Excellency Mom’s Team” to gain access which resulted in information reaching Thailand despite strict military prohibitions against unauthorized entry.
The judge also raised authorities’ findings that phone calls from foreign phone numbers were made to Sopheap’s phone from June 11. Pheara posted a selfie in front of Ta Krabey Temple and also sent photos and messages to his brother who works in Thailand. The social media posting received one million views, and despite requests to remove them, they were not deleted.
During the hearing, Pheara admitted to taking a selfie at Ta Krabey Temple and posting a group photo with four people, including soldiers.
“One soldier there took the photo for us,” he said.
Pheara explained that the purpose of posting the photo was to inform the public and encourage Cambodian troops, showing that Ta Krabey Temple had not fallen under Thai control, and to highlight the bravery of Cambodian soldiers.
He said his conversation with his brother in Thailand occurred only after his brother sent him a screenshot showing that the selfie was widely shared in Thai media. He denied allegations of providing information to Thai citizens or soldiers.
“I am Khmer. I will die on Khmer soil. I would never give information to foreigners for money. Even if they offered me one million dollars, I would refuse. I live in Cambodia and love my country,” Pheara said.
Sopheap testified that they entered the area only after the ceasefire took effect at midnight on July 28, 2025. He said they wore press identification cards and obtained permission from military commanders before entering the areas to deliver humanitarian aid to soldiers.
Some photos were shared in a humanitarian Telegram group in Thma Puok district, where a Cambodian member of that group, who lives in Thailand, allegedly reposted them to the public domain, Sopheap said.
He added that they disabled the GPS location data before taking photos, knowing that the Ministry of National Defense prohibited such information from being revealed.
During the hearing, both denied providing information to foreigners and appealed to the court to drop the charges and release them, as they had no intention of committing the alleged crimes.
Lawyer Chanthol said the criminal elements under Article 445 were not met as his clients were not soldiers, did not possess classified information, and posted the photos with good intention while performing their professional duties as journalists.
“They have even received journalism training,” he told the court, suggesting that any mistakes were “minor negligence”. “If they had really sold information to foreigners, they would not be living in poverty. You can check their bank accounts.”
The court is scheduled to announce its verdict at 8:30 a.m. on March 26, 2026.
Sopheap’s wife Hong Tha asked the court to drop the charges so that her husband could return home to the family.
She said the family has faced severe financial hardship since her husband’s imprisonment, as she must care for three children and currently lives with her in-laws in Banteay Meanchey province because they do not have their own home.
Om Sarath, Pheara’s wife, also called for his release, saying that he is an honest man and did not commit any crime.
“My husband did not give information to a foreign country. If he had, he would have money and savings. But I have never seen any money from such work,” Sarath said.
Nop Vy, executive director of the Cambodian Journalists Alliance Association (CamboJA), who was at the hearing, agreed with the defense lawyer’s request to amend the charges.
“We see the intention of the two journalists. They wanted to protect national interests, protect what is beneficial to our citizens, and they did not display any malicious intent to commit any offense by providing information to foreign states.”
He said based on their statements and conduct in court, they demonstrated honesty, patriotism and used their role in good faith to prevent misunderstanding among the public regarding the occupation of the temple area at the time.
“I too have a request [for the court]. Since the two journalists have petitioned the court, I ask that they be released to be reunited with their families, who are facing difficulties in their daily lives.”
He expressed hope that the court on March 26 would allow the journalists to live outside prison and resume their work in journalism.
He also urged the authorities to apply the Press Law instead of the Criminal Code on issues involving journalists in the future.
“As the lawyer stated, the press law is very important [as it] ensures that national interests and public interests continue to receive attention through the fulfillment of journalists’ roles,” he said.
