citizens. While defamation provisions contained in the Criminal Code may be seen as necessary in order to protect the reputation of citizens, the criminalization of defamation is disproportionate to this aim. Although the Press Law provides the option to pursue civil cases of defamation, the fact that defamation is still criminalized in the Criminal Code creates legal uncertainty and provides an avenue for the RGC to apply the law to meet political ends. Due to strong connections between the judiciary and the RGC, defamation and other charges are regularly misused to illegally stifle free expression and restrict criticism of issues important to the Cambodian people. High-ranking officials are willing to resort to criminal offense in the face of criticism, rather than publicly addressing accusations, and the current laws in place enables them. The criminalization of defamation through Article 305 of the Criminal Code and the way in which it is applied is unconstitutional. It breaches the guarantees in Article 41 and 35 of the Constitution. Any restrictions on these freedoms must be avoided except in the most extreme cases, and the RGC has yet to demonstrate the necessity of punishing defamation and protecting reputations through criminal charges. Furthermore, the provisions laid out in Article 305 and other articles of the Criminal Code, lack clarity and definition and are open to wide interpretation and therefore abuse. During Cambodia’s UN Universal Periodic Review (“UPR”) in both 200937 and 2014,38 the RGC was advised to redefine the definition of defamation and to avoid disproportionate responses. The RGC accepted these recommendations in both UPRs but has thus far failed to act upon them. As a result, Cambodian law continues to fail to completely protect the right to freedom of expression and adhere to the principles of international human rights treaties. This indicates a clear need for a change in the current defamation legislation. As such, CCHR recommends that the RGC:     Decriminalize defamation under Article 305 of the Criminal Code; Decriminalize insult of public officials under Article 502 of the Criminal Code and discrediting of judicial decisions under Article 523, as both are incompatible with the ICCPR and therefore with the Constitution; 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 charges for defamation. For more information, please contact CCHR Freedom of Expression Project Coordinator Sorn Ramana via telephone at +855 (0) 1765 5591 or e-mail at ramanasorn@cchrcambodia.org or CCHR Consultant Juliette Rousselot via telephone at +855 (0) 1535 0620 or e-mail at julietterousselot@cchrcambodia.org. 37 38 Recommendation A – 46 (e) by the United Kingdom http://bit.ly/1bKGOiT Recommendations 118.103 by Germany and 119.27 by the United States of America, http://bit.ly/1fj4ryh. 8