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well as to its Twitter and Facebook accounts. On 5 February 2018, the Ministry of Post and Telecommunications
issued a letter warning ISPs that failure to comply with the blocking order would trigger an investigation, and
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possible suspension of licences.
26. In May 2018, the Phnom Penh Post was sold to Sivakumar Ganapathy, the Malaysian owner of a public relations
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firm that lists Prime Minister Hun Sen as a former client. The Cambodian Government had previously slapped
40
the paper with a US$3.9 million tax bill, which was settled as part of the sale. Ganapathy’s firm reportedly ran the
41
pro-government Cambodia Times newspaper for several years in the early 1990s. The change in ownership had
an immediate impact on the Phnom Pehn Post’s editorial independence. The editor-in-chief Kay Kimsong was
42
fired on 7 May after publishing an article highlighting the connections between the new owner and Hun Sen. The
article was subsequently removed from the website. Up to thirteen foreign journalists at the paper resigned in
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protest in the following weeks.
Threats, Attacks and Harassment of Journalists and Media Workers
27. In the period under review journalists and media workers have faced frequent reprisals because of their work.
Recent emblematic cases include the following:
•
In April 2017, RFA Cambodia’s deputy director Huot Vuthy (also known as Chun Chanboth), fled the country
after authorities lodged “false declaration” charges under Article 633 of the Criminal Code for allegedly failing
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to identify himself as a journalist during a prison visit.
•
On 14 November 2017, two former RFA reporters, Yeang Sothearin and Oun Chhin, were arrested and
charged with “supplying a foreign state with information prejudicial to national defence” under Article 445 of
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the Penal Code, which carries a penalty of seven to 15 years imprisonment. Authorities accused the pair of
continuing to produce content for RFA after its closure. On 28 March 2018, the prosecutor added charges
under the Suppression of Human Trafficking and Sexual Exploitation Law. The prosecutor claimed, without
providing evidence, that the two men had been involved in the production of pornography, an allegation
seemingly designed to discredit and stigmatise the reporters. On 18 May 2018, a judge approved a six-month
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extension to their pre-trial detention.
•
Following the closure of The Cambodia Daily, its former general manager and deputy publisher, Douglas
Steele and Deborah Krisher-Steele, were prevented from leaving the country in connection with the paper’s
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unpaid tax bill. Krisher-Steele is currently facing defamation charges under the Penal Code for comments in
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which she accused tax authorities of leaking the paper’s tax bill.
NEC Code of Conduct for Journalists Covering Elections
28. During the reporting period, Cambodia has imposed highly restrictive “codes of conduct” governing the activities of
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journalists covering elections in the country.
29. In May 2018, the National Election Commission rolled out the code of conduct governing the July 2018 general
elections. The guidelines preclude journalists from expressing “personal opinion or prejudice”; ban coverage that
“affects political and social stability” or leads to “confusion and loss of confidence” in the elections; and forbid
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journalists from interviewing voters at polling stations. Those violating the code of conduct are subject to fines of
up to US$7,400.
37
The government’s orders were revealed in documents leaked in February 2018. Mech Dara and Erin Handley, “Cambodia Daily’s website, Twitter blocked by
government order”, Phnom Penh Post, 4 February 2018, available at: https://www.phnompenhpost.com/national/cambodia-dailys-website-twitter-blocked-governmentorder.
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Erin Handley, “Telecoms regulator to investigate internet providers for snubbing Cambodia Daily ban”, Phnom Penh Post, 5 February 2018, available at:
https://www.phnompenhpost.com/national/telecoms-regulator-investigate-internet-providers-snubbing-cambodia-daily-ban.
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Asia PR, “Over the Years”, available at: http://www.asia-pr.com/over-the-years/.
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Julia Wallace and Mike Ives, “A Newspaper Is Sold, and Cambodians Fear the End of Press Freedom”, New York Times, 7 May 2018, available at:
https://www.nytimes.com/2018/05/07/world/asia/cambodia-phnom-penh-post-sale.html.
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Brendan O'Byrne and Ananth Baliga, “Phnom Penh Post sold to Malaysian investor”, Phnom Penh Post, 7 May 2018, available at:
http://www.nationmultimedia.com/detail/business/30344773.
42
“Post senior staff out in dispute over article”, Phnom Penh Post, 8 May 2018, available at: https://www.phnompenhpost.com/national/post-senior-staff-out-dispute-overarticle. The removed article is cited in fn. 33.
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Prak Chan Thul, “Foreign journalists quit Cambodia paper in protest at perceived interference”, Reuters, 9 May 2018, available at: https://www.reuters.com/article/uscambodia-politics-media/foreign-reporters-quit-newspaper-in-cambodia-en-masse-after-sale-idUSKBN1IA0IJ.
44
Niem Chheng and Ananth Baliga, “RFA reporter Chun Chanboth in Bangkok ahead of court summons date”, Phnom Penh Post, 1 May 2017, available at:
https://www.phnompenhpost.com/national/rfa-reporter-chun-chanboth-bangkok-ahead-court-summons-date.
45
Human Rights Watch, “Cambodia: Release Ex-Radio Free Asia Journalists”, 12 May 2018, available at: https://www.hrw.org/news/2018/05/12/cambodia-release-exradio-free-asia-journalists.
46
LICADHO, “Former RFA journalists await release or further detention decision”, 16 May 2018 (updated 18 May 2018), available at: http://www.licadhocambodia.org/flashnews.php?perm=244.
47
Niem Chheng, “Daily directors barred from leaving country”, Phnom Penh Post, 5 September 2017, available at: https://www.phnompenhpost.com/national/dailydirectors-barred-leaving-country.
48
Niem Chheng and Ananth Baliga, “Cambodia Daily publisher's defamation trial again deferred”, Phnom Penh Post, 12 April 2018, available at:
https://www.phnompenhpost.com/national/cambodia-daily-publishers-defamation-trial-again-deferred.
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In the lead up to commune elections in June 2017, the NEC imposed a media code of conduct with ambiguous restrictions on the activities of journalists and harsh
penalties for non-compliance. Yesenia Amaro, “NEC ‘code of censorship’ slammed”, Phnom Penh Post, 17 May 2017, available at:
https://www.phnompenhpost.com/national/nec-code-censorship-slammed.
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UN Office of the High Commissioner for Human Rights, “Cambodia: UN experts express concerns about media freedoms ahead of vote”, 15 June 2018, available at:
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23205&LangID=E.
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