chief does not help the subordinates”. He was released the same day after agreeing not to further criticise the 20 police chief. • On 31 March 2018, Mey Voeun, a Cambodian migrant worker, was arrested a day after returning from work in Thailand and placed in pre-trail detention for allegedly insulting Prime Minister Hun Sen in a video clip posted 21 on Facebook in February 2016. He was charged with defamation and incitement to commit a felony. • On 30 April 2018, police arrested and detained social media user Chhea Dina, for alleged defamation, public insult and incitement to discrimination in relation to a video he posted on Facebook. The League for Democracy Party (LDP) leader who brought the charges claimed that Chhea Dina and others mischaracterized his support for a controversial 2005 supplemental border treaty, and accused him of supporting the cession of Phu Quoc Island to Vietnam. Chhea Dina was released later that day pending 22 further action. • Kong Raya, a student activist, was released on 22 February 2017 after serving 18 months in prison on 23 incitement charges for a Facebook post calling for a “colour revolution” in Cambodia. 14. Journalists, human rights defenders and opposition politicians have also been targeted for their expression, online and offline, as is described in subsequent sections. “Fake News” 15. On 5 April 2018, a spokesperson for the Cambodia People’s Party (CPP), the ruling party, stated that the government was considering introducing a “fake news” law, following reports of closed-door meetings on the topic 24 by the Ministry of Information earlier in the year. Such a law, if introduced, could provide the government an additional powerful tool to silence critics and control media, giving those in power the authority to determine what 25 is ‘true’, promote official narratives and restrict access to alternate viewpoints. 16. As of the end of June, the Cambodia government had not tabled “fake news” legislation. However, on 28 May 2018, the Ministry of Interior, Ministry of Information and Ministry of Posts and Telecommunications published a joint-ministerial proclamation “aimed at controlling all dissemination of information or written messages, audio, pictures, videos and/or other forms via websites and social media that are operated on the Internet in 26 Cambodia”. The proclamation empowered the three ministries to block online content and to require Internet Service Providers (ISPs) to install surveillance software to monitor and censor online content, in violation of the rights to privacy, freedom of expression, and information. Draft Cybercrime Law 17. In early 2014, a leaked draft of a proposed Cybercrime Law revealed provisions that would greatly restrict digital 27 rights. In particular, article 28 of the draft law provided for criminal penalties of up to three years imprisonment for a variety of online activities, including those that generate “insecurity, stability and political cohesiveness”, or undermine the “integrity of any government agencies or ministries”. 18. A second draft of the bill was leaked in late 2015. While some of the more controversial elements from the first draft, including article 28, had been removed, it nonetheless retained provisions that severely restricted the right to freedom of expression. The draft law incorporated penalties for vaguely worded “cybercrimes”; provided authorities with broad search and seizure powers; and allowed for the dissolution of NGOs and other legal entities 28 whose employees committed cybercrimes, among other worrying elements. Government officials have recently 29 stated that the bill is still being considered, but no timetable has been given for its introduction. 20 Khouth Sophak Chakrya, “Ex-officer detained for Facebook post aimed at police”, Phnom Penh Post, 08 March 2018, available at: https://www.phnompenhpost.com/national/ex-officer-detained-facebook-post-aimed-police. 21 Niem Chheng, “Migrant arrested for insulting PM on Facebook”, Phnom Penh Post, 4 April 2018, available at: https://www.phnompenhpost.com/national/migrantarrested-insulting-pm-facebook. 22 Niem Chheng, “Man briefly detained in Poipet for Facebook post involving LDP head Khem Veasna”, Phnom Penh Post, 8 May 2018, available at: https://www.phnompenhpost.com/national/man-briefly-detained-poipet-facebook-post-involving-ldp-head-khem-veasna. 23 Ouch Sony and Taylor O'Connell, “Student Gets 18 Months for Call for ‘Color Revolution’”, Cambodian Daily, 16 March 2016, available at: https://www.cambodiadaily.com/editors-choice/student-gets-18-months-for-call-for-color-revolution-109944/. 24 Mech Dara and Ananth Baliga, “Hun Sen ‘mulling fake news bill’”, Phnom Penh Post, 6 April 2018, available at: https://www.phnompenhpost.com/national/hun-senmulling-fake-news-bill; Daphne Chen, “Ministry targets ‘fake news’”, Phnom Penh Post, 7 March 2018, available at: https://www.phnompenhpost.com/national/ministrytargets-fake-news. 25 See, ARTICLE 19, “Free speech concerns amid the “fake news” fad”, 18 January 2018, available at: https://www.article19.org/resources/free-speech-concerns-amidfake-news-fad/. 26 “Cambodia to Monitor, ‘Control’ Online News Ahead of Upcoming Ballot”, Radio Free Asia, 4 June 2018, available at: https://www.rfa.org/english/news/cambodia/news-06042018162755.html. See also, “Joint Statement: Civil Society Rejects Government Attack on Freedom of Expression”, 8 June 2018, available at: https://cchrcambodia.org/index_old.php?title=Civil-Society-Rejects-Government-Attack-on-Freedom-ofExpression&url=media/media.php&p=press_detail.php&prid=694&id=5&lang=eng. 27 ARTICLE 19, “Cambodia: Secret Draft Cybercrime Law seeks to undermine free speech online”, 9 April 2014, available at: https://www.article19.org/resources/cambodia-secret-draft-cybercrime-law-seeks-undermine-free-speech-online/. 28 CCHR, “Digital Wrongs?: An Overview of the Situation of Digital Rights in Cambodia”, Briefing Note, February 2016, https://cchrcambodia.org/admin/media/analysis/analysis/english/2016_03_03_CCHR_Briefing_Note_Digital_Wrongs_ENG.pdf; Association for Progressive Communications, “Unshackling Expression: A study on laws criminalizing expression online in Asia” p. 39, available at: http://www.giswatch.org/sites/default/files/giswspecial2017_web.pdf. 29 See, for example, Erin Handley, “Freedom of expression online in Cambodia ‘stifled by laws’”, Phnom Penh Post, 25 April 2018, available at: https://www.phnompenhpost.com/national/freedom-expression-online-cambodia-stifled-laws. 4