Recommendations: 19. The government should: i. End all ongoing criminal proceedings against individuals based on their exercise of the right to freedom of expression on online spaces, and quash all convictions on such grounds ii. Ensure any efforts to combat disinformation or “fake news” are in line with international law and standards, and in particular the right to freedom of expression, including by avoiding a focus on censorship and criminal sanction for online speech iii. Repeal the May 2018 joint-ministerial proclamation on controlling online content iv. Immediately disclose the status of proposed cybercrime legislation, and commit to undertake a consultation of the legislation, with the full and effective participation of all relevant stakeholders, including civil society, and ensure its compliance with international human rights law and standards v. Ensure that any future legislative or policy proposals governing online spaces are developed transparently and in full consultation with the public and civil society, and that they comply with international human rights law and standards Media Freedom 20. During its previous UPR, Cambodia accepted four recommendations concerning the protection of journalists and media freedom, including to ensure that journalists are not subject to harassment or retaliation and to revise penal 30 code provisions to comply with international free expression standards. Contrary to these commitments, Cambodia carried out a vigorous campaign against press freedom, eliminating or co-opting all major independent news outlets in the country. Closure and Sale of Independent Media Outlets 21. During the reporting period, the government has overseen a systematic crackdown on independent media in Cambodia. Most independent newspapers and radio stations have been closed or co-opted, decimating the public’s access to credible sources of information. 22. Licensing rules have been applied arbitrarily and selectively by the Ministry of Information to silence independent radio broadcasters. In August 2017, the Ministry of Information ordered 32 radio frequencies to cease broadcasting, citing licensing issues, including the alleged failure to disclose the identity of those purchasing 31 airtime. The stations targeted for closure aired broadcasts by the Voice of America (VOA), Radio Free Asia (RFA) and the national independent outlet Voice of Democracy, as well as content from the opposition Cambodia 32 National Rescue Party (CNRP). 23. Subsequently, on 12 September 2017, RFA was forced to close its Cambodia operations under government 33 pressure related to alleged unpaid tax bills and registration issues. RFA’s President Libby Liu denounced the closure as part of a pattern of attacks on media outlets in the country using “a thin pretext of tax and 34 administrative violations” and condemned the government’s “increasingly threatening and intimidating rhetoric”. 24. The closure of radio stations has had a significant impact on media pluralism in the country, undermining the ability of Cambodians to access information, to engage in discourse on matters of vital public interest, and, consequently, to exercise their rights to political participation. In particular, these developments have had a 35 profound impact on rural communities, who often lack access to other sources of information. 25. Independent newspapers have also been targeted. On 4 September 2017, The Cambodia Daily, a well-known, independently owned newspaper, closed operations after receiving a US$6.3 million tax bill it claimed was 36 politically motivated. As one of the few independent media outlets in the country, its closure has had a significant impact on access to information. One day after The Cambodia Daily announced it was ceasing operations, the government ordered ISPs to block access to the paper’s website, which contained an archive of its reporting, as 30 118.101 (Hungary), 118.105 (Austria), 118.20 (Czech Republic), and 118.21 (Ireland). Cambodia also “noted” a further five recommendations. 119.23 (Tunisia), 119.24 (Portugal), 119.25 (Czech Republic), and 119.26 (Netherlands). 31 Mech Dara and Ananth Baliga, “Government closes 15 radio stations”, Phnom Penh Post, 25 August 2017, available at: https://www.phnompenhpost.com/national/government-closes-15-radio-stations; LICADHO, “Restricting Critical Voices on Cambodian Airwaves”, 9 September 2017, available at: http://www.licadho-cambodia.org/articles/20170909/148/index.html. 32 Ibid. 33 Committee to Protect Journalists, “Radio Free Asia suspends operations in Cambodia”, 14 September 2017, available at: https://cpj.org/2017/09/radio-free-asiasuspends-operations-in-cambodia.php. 34 “Statement of Radio Free Asia’s President on Cambodia”, Radio Free Asia, 12 September 2017, available at: https://www.rfa.org/about/releases/statement-oncambodia-09122017092506.html. 35 Documentation Center of Cambodia, “Projects—Radio”, available at: http://www.d.dccam.org/Projects/Radio/Radio.htm. (noting that “The majority of Cambodians, especially survivors of the Khmer Rouge period who live in predominantly rural areas, have little access to print and news media. Thus, radio remains a culturally popular medium and is often the sole source of national news and information for many Cambodians.”) 36 “Cambodia Daily Announces Immediate Closure Amid Threats”, Cambodia Daily, 4 September 2017, available at: https://www.cambodiadaily.com/topstory/cambodiadaily-announces-immediate-closure-amid-threats-134283/. 5