CCHR Briefing Note – May 2014
The criminalization of defamation and freedom of expression in Cambodia
Executive Summary
This Briefing Note outlines the domestic and international legal framework regulating the
criminalization of defamation in the Kingdom of Cambodia (“Cambodia”). The Royal Government of
Cambodia (“RGC”) uses the defamation provisions of the Cambodian Criminal Code 2009 (the
“Criminal Code”) as a tool to crack down on the exercise of free speech by journalists, the political
opposition and human rights defenders and activists.1 The criminalization of defamation further
stifles the right to freedom of expression in Cambodia, where the right is already under threat, and
thus violates the RGC’s obligations to its citizens under the Constitution of the Kingdom of Cambodia
(the “Constitution”) and international law.
The first section of this Briefing Note outlines the defamation laws in Cambodia. The second section
addresses the protection of the right to freedom of expression, in Cambodian and international law,
as well as the allowed restrictions to the right to freedom of expression and the international
guidelines for defamation legislation. The third section details case studies of defamation charges
illustrating how they are used to restrict freedom of expression. This Briefing Note concludes with an
analysis of current defamation restrictions in Cambodia and includes recommendations for change
to the RGC, including the following key recommendations:
Decriminalize defamation and repeal any laws that does not comply with the Constitution and
international law standards on freedom of expression;
As a temporary measure, limit the application of defamation laws to only the most serious of
cases against individuals and amend the Criminal Code to clear up any vague terminology; and
Take all necessary steps to prevent public bodies from wasting national resources and occupying
valuable court time with trumped up charges for defamation.
This Briefing Note is written by the Cambodian Center for Human Rights (“CCHR”), a non-aligned,
independent, non-governmental organization that works to promote and protect democracy and
respect for human rights – primarily civil and political rights – throughout Cambodia.
Background
The RGC has repeatedly recognized the need to reform Cambodia’s laws on defamation and has
even stated an intention to decriminalize defamation entirely. On 14 February 2006, Prime Minister
Hun Sen announced that defamation would be decriminalized.2 However, in May 2006, when the
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CCHR, ‘Repression of Expression: The state of free speech in Cambodia’ (Report) (September 2013) http://bit.ly/1lBgmal
Ellen Nakashima, ‘Cambodia moves towards openness’ The Washington Post (10 March 2006) http://wapo.st/1oV1YxZ
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