charged with defamation and disinformation. One of them, Mr. Hang Chakra, editor of the Khmer
Mchas Sork, was convicted of disinformation and sentenced to one year in prison.29
These cases demonstrate a clear use of the criminal offense of defamation by the RGC to silence
journalists and editors who voice criticism of the RGC and the ruling party. In light of the criminal
charges – including disinformation and defamation charges – against opposition leaders Sam
Rainsy,30 Mu Sochua31 and Ho Vann32 in 2009 and 2010, the charges against Dam Sith and other
editors can only be seen as direct attacks on the opposition and those who support them.
Phel Phearun33
On 24 January 2013, schoolteacher Phel Phearun was riding his new motorbike in central Phnom
Penh when he was pulled over by two police officers due to the fact that he was missing license
plates. The police officers asked Phel Phearun to provide legal documentation of ownership of the
bike, which he did later at the police station. Nevertheless, the police officers decided to impound
his motorbike until the next morning.
After the incident, Phel Phearun posted the details on his public Facebook account, including posting
a picture of the police letter saying that they had impounded the motorbike with a caption reading
“watch out for the procedures of Chamkar Mon District Police.” In addition, the post asked if readers
thought police procedures should be improved in such cases. The case was reported on the news
website Sabay two days later and quickly spread online. In February, Phel Phearun was summonsed
to the police station for questioning regarding a potential defamation complaint. On 19 March 2013,
the police decided against pursuing the charges, after Phel Phearun signed a letter promising that he
would not engage in similar activity in the future.
This case is believed to be the first time a Khmer citizen’s comments on a social networking site has
led to threats of defamation charges, representing an attempt of suppression by the RGC of criticism
in new media. It demonstrates that criticism, even at a low level and based on a factual account of
29
Ibid.
Sam Rainsy has faced defamation and disinformation charges multiple times. In February 2009, his parliamentary
immunity was lifted after Prime Minister Hun Sen filed a criminal defamation complaint against him based on comments
he made accusing Hun Sen of corruption; see Human Rights Watch, ‘Cambodia: Opposition Leader Sam Rainsy’s Trial a
Farce’ (Press Release) (29 January 2010) http://bit.ly/1eYR1tP; CCHR, ‘Analysis of the Legal Grounds for Conviction and the
Fairness of the Judicial Proceedings in the Criminal Cases Against Sam Rainsy’ (February 2011) http://bit.ly/1i4KsW0.
31
On 27 April 2009, Mu Sochua filed a lawsuit against Prime Minister Hun Sen alleging defamation under Article 63 of the
UNTAC Penal Code in response to a speech in which the Prime Minister referred to an unnamed female opposition
parliamentarian as “cheung klang”, a derogatory term that, especially when used in reference to a woman, implies a
prostitute. After Hun Sen refused to retract his comments, Mu Sochua filed a lawsuit seeking 500 riel in symbolic
compensation. The Prime Minister responded by filing a countersuit claiming that Mu Sochua had defamed him with
comments that alleged that the derogatory language of the Prime Minister affected all Khmer women. Read more: CCHR,
‘The Case of the Kingdom of Cambodia v. Mu Sochua’ (Legal Analysis) (May 2010) http://bit.ly/1tvBVzN; CCHR, “An
Overview of Parliamentary Immunity under Cambodia Law’ (Briefing Note) (December 2012) http://bit.ly/1gOqQAZ.
32
In September 2009, parliamentarian Ho Vann was tied on charges of defaming 22 military officers closing linked to the
CPP based on quotes reported in the English-language newspaper The Cambodia Daily. The editor-in-chief, Kevin Doyle, of
the newspaper and the author of the article, Neou Vannarin, were also charged with libel under the Law on the Press. Ho
Vann, who argued that he had been misquoted in the article, was acquitted, while Kevin Doyle and Neou Vannarin were
ordered to pay four million riels each. Meas Sokchea and James O’Toole, ‘Court exonerates Ho Vann’ The Phnom Penh Post
(Phnom Penh, 23 September 2009) http://bit.ly/1kVwG8K.
33
CCHR, ‘Case Study Series: Phel Phearun accused of defamation over a Facebook post’ (Factsheet) (March 2013)
http://bit.ly/1geX7Rx.
30
6