Telecommunications policing and enforcement The Telecoms Law contains inspection and enforcement provisions exceeding those of previous drafts. 23  Chapter 13 creates a new unit of “telecommunications inspection officials”, in effect a telecommunications policing force with duties to, “monitor, study, check and strengthen the enforcement of this law.” While inspection of infrastructure and industrial regulation could be considered a legitimate function, in light of the numerous criminal offences the primary mandate of telecommunications inspection officials appears to be to “prevent and crack down on telecommunications offences.” This permits the monitoring and penalizing of online content and potential investigation of any interaction between individuals. In addition, telecommunication inspection officials are authorized to conduct any other discretionary tasks ordered by the Minister of Post and Telecommunications.24  This force will hold full judicial police powers in accordance with the Criminal Procedure Code. 25 As part of their investigatory powers, telecommunications inspection officials appear competent to seize and copy data and conduct “checks” on telecommunications equipment. 26 In worrying escalation, telecommunications inspection officials may call in support from the Royal Cambodian Armed Forces, “to join in cracking down on offences stated in the law,” including the enforcement of the Telecoms Law’s unlawful restrictions on individuals’ fundamental freedoms. 27 This specific mandate for telecommunications inspection officials and the armed forces to “crack down” on instances of free expression and association by individuals is neither proportionate, nor necessary and simply represents legislative permission for the government to intimidate and crush any activity via telecoms that it disagrees with. Telecommunications inspection officials also hold powers to temporarily suspend telecoms firms’ services and suspend or fire their staff. 28It is foreseeable that these powers could be misused to disrupt democratic expression and assembly in the run up to an election. Excessive state control Chapter Two and Article 24 of the law place the entire telecommunications industry, its infrastructure and all telecommunications-related activity under the competence of the Ministry of Post and Telecommunications. 29  Article 8 of the law elevates the existing Telecommunications Regulator of Cambodia (TRC) to a statutory footing while under Article 9 the TRC chairperson gains equal status to a secretary of state within the Ministry of Post and Telecommunications. 30  The TRC is responsible for the practical implementation of the Telecoms Law and is granted far reaching powers under Article 12, including competence to authorize investigations and take action against telecoms operators it deems to be in violation of the law. 31  Article 7 of the Telecoms Law provides that in the event of “force majeure”, the Ministry of Post and Telecommunications or other relevant ministries may order private telecommunications operators 23 Telecoms Law Article 70 (c) Telecoms Law Article 70 (b); 70 (e) 25 Telecoms Law Article 71; Criminal Procedure Code 26 Telecoms Law Article 70 (a); (c); (d) 27 Telecoms Law Article 72 28 Telecoms Law Article 74; 78 (2) 29 Telecoms Law Chapter 2; Article 24 30 Telecoms Law Article 8; 9 31 Telecoms Law Article 12; in particular 12 (k) 24 Page 5 of 7