Penal Code 5. During the last UPR, the government accepted three recommendations to revise the Penal Code to bring it into 7 line with international standards on freedom of expression. However, Penal Code provisions criminalising freedom of expression remain in place and continue to be used to target journalists, human rights defenders and social media users, as examples in subsequent sections of this submission highlight. Moreover, amendments to the Penal Code during the reporting period have created new restrictions on freedom of expression backed by criminal penalties. 6. Many Penal Code articles contain broad, vaguely worded provisions that have been applied to the detriment of those seeking to exercise fundamental freedoms. Although some crimes impose penalties of fines rather than imprisonment, failure to pay fines resulting from a conviction – an insurmountable challenge for many 8 Cambodians – may result in custodial sentences of up to two years’ imprisonment. Penal Code provisions of particular concern include, inter alia: • Article 305 concerning defamation. While prison sentences for defamation were ostensibly abolished in 2006, article 305 provides for fines of up to 10 million riels (US$2,450) for communications that harm the “honor or reputation” of an individual or institution. The threat of prosecution and fines – with possible imprisonment for non-payment – exerts a considerable chilling effect on freedom of expression. • Article 307 concerning public insult. The crime, which is not recognised by international human rights law, applies to communications using “any scorning term” or “other verbal abuses”. The article likewise provides for fines of up to 10 million riels. • Article 495 concerning incitement. A 2010 amendment to the Penal Code broadened the article to include not only incitement to commit a crime, but also incitement to create serious turmoil in society. This extremely broad language has subsequently been used to target human rights defenders and those expressing opinions critical of the government. • Article 503 concerning insults to public officials. The article provides for up to six days imprisonment and a fine of up to 100,000 riels (US$25) for communications that “undermine the dignity” of a public official. Lèse-Majesté 7. In February 2018, alongside the constitutional amendments described above, Cambodia amended the Penal 9 Code to add a lèse-majesté provision criminalising insults to the King. The new article 437 bis broadly prohibits “insulting the King” through any “word, gesture, writing, picture or other media which affects the dignity of the individual”, thereby creating another legal tool for the government to suppress expression protected under 10 international human rights law. Individuals charged under the provision face penalties of between one and five years’ imprisonment and fines of 2 million riel to 10 million riel (approximately US$500 to US$2500). Legal entities, including media outlets, charged under the law face fines of 10 million to 50 million riel (approximately US$2,500 to US$12,500), the confiscation of property, dissolution or banning from certain activities should they be found 11 guilty. 8. As of the end of June 2018, three individuals had been arrested under the new lèse majesté provision: • On 12 May, authorities arrested teacher Kheang Navy, 50, after he made a Facebook post criticising the King and government over the dissolution of the opposition party, among other issues. He was charged 12 and placed in pre-trial detention the following day. • On 19 May, authorities arrested and charged barber Ban Samphy, 70, after he made a Facebook post that included a photograph of King Sihamoni in a car with Prime Minister Hun Sen and his wife, a video of villagers affected by flooding, and a comment reportedly comparing the King unfavourably to former 13 monarchs. • In mid-June, local media reported that a man identified as Ieng Cholsa was arrested and charged after 14 posting photographs and comments on Facebook supposedly insulting to the King. 7 118.15 (Canada), 118.16 (Belgium) and 118.20 (Czech Republic). Cambodia Criminal Procedure Code, 2007, article 530. Terms of imprisonment are determined by the size of the fine. For example, an unpaid fine of 10 million riels, the maximum fine for a defamation conviction, can result in a sentence of up to six months’ imprisonment. 9 Ibid. fn. 2. 10 Penal Code, article 437 bis. 11 See ibid. fn. 4. 12 Niem Chheng, “Arrest for lèse majesté violation”, Phnom Penh Post, 14 May 2018, available at: https://www.phnompenhpost.com/national/arrest-lese-majesteviolation. 13 Niem Chheng, “Second man charged under country’s lèse majesté law”, Phnom Penh Post, 22 May 2018, available at: https://www.phnompenhpost.com/national/second-man-charged-under-countrys-lese-majeste-law. 14 Niem Chheng, “Third violator of lèse majesté law arrested”, Phnom Penh Post, 18 June 2018, available at: https://www.phnompenhpost.com/national/third-violatorlese-majeste-law-arrested. 8 2