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Cambodian Journalism Situation Report 2020

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Cambodian Journalism Situation Report 2020 CAMBODIAN JOURNALISM SITUATION REPORT 2020 An annual record of reported harassment cases against journalists Supported by: 2 Cambodian Journalism Situation Report 2020 Table of Contents Cambodian Journalism Situation Report 2020 3 Table of Contents Executive summary 4 I. Introduction 5 II. Methodology 6 1. Method and Data Collection 2. Scope and limitations III. Key Findings 8 1. Number of reported harassment cases recorded in 2020 2. Location of harassment cases 3. Types of harassment 3.1. Legal action: 3.2. Violence: 3.3. Detained for questioning: 3.4. Imprisonment: 3.4.1. Conviction using criminal code: 3.4.2. Other criminal cases against journalists 4. Types of media outlets IV. Conclusion and Recommendations 19 V. Annex: 20 4 Cambodian Journalism Situation Report 2020 Executive Summary Among the many challenges facing Cambodian journalists, the fear of physical violence and legal trouble continues to be a daily part of the job. This report marks the start of an effort by CamboJA to monitor harassment cases against journalists, and advance a conversation about how stakeholders — including the government — can better protect journalists in Cambodia. CamboJA recorded 35 cases of harassment against 72 journalists in 2020, based on news reports, social media posts, court documents and interviews. More than 42 of those journalists involved (about 58% of the total) were detained for questioning or imprisoned. Violence also remains a risk of the job. At least 22 journalists were either attacked or threatened with violence while on duty (12 journalists were physically attacked while nine others received violent threats). One journalist died in what police concluded was a traffic accident without proper investigation. The Criminal Code remains a powerful legal tool, which is too often used to intimidate and jail journalists. CamboJA’s research shows that most of the journalists who were arrested in 2020 were charged with incitement to commit felony or extortion under Articles 495 and 232 of the Criminal Code. As of December 2020, at least ten journalists remain in prison, eight of which are in pre-trial detention for criminal charges. The ongoing imprisonment, detention and physical threats against journalists undermines the media’s role in a democratic society and strikes fear in those who cover stories or cases involving powerful officials. For instance, in Kampong Chhnang province, the arrest of Mr. Sok Oudom and Mr. Keo Hour – accused of broadcasting false news about a land dispute between citizens and the military – had a chilling effect on all journalists in the province, who largely stopped covering sensitive or controversial news. Journalists have generally been unsuccessful when turning to the courts for justice or protection, even when they are able to identify perpetrators such as military police, district security guards, timber traders and cock fighters. This impunity for crimes against journalists compounds the sense of fear and futility for those seeking to expose bad actors inside and outside of government. This report is dedicated to the journalists and their families who have faced threats, violence, false accusations and imprisonment for their reporting. Too many have lost months and years of their lives to Cambodia’s overcrowded prisons. Cambodian Journalism Situation Report 2020 5 Introduction Though there has been an increase Supreme Court threw out their request in the number of media outlets in in October 2020 to dismiss dubious Cambodia, especially online media espionage and pornography charges. outlets and media associations, freedom of the press remains a The case of former Cambodia Daily challenge. reporters Aun Pheap and Zsombor Peter, who had been facing trial since According to a Ministry of Information May 2017 on baseless charges related report1, in 2020 there were 669 online to their reporting on elections, was media outlets, including 588 news dropped by the Ratanakiri provincial websites and 81 online TV channels, court in November but the Ratanakkiri as well as 450 newspapers, 196 prosecutor’s office filed an appeal against magazines, 220 FM radio stations (83 provincial judge Kong Tang Meng’s in Phnom Penh), one AM radio station, decision to drop incitement charges eight digital TV stations, 212 cable TV against the two reporters. Both Aun stations (two in Phnom Penh), two Pheap and Peter left Cambodia under satellite TV stations, and 51 media legal threat. Pheap is now living in the associations. A total of 4,230 journalists U.S., away from his wife and children. received press cards from the ministry, including 496 female journalists (about Rath Roth Mony, a fixer for Russian 12%) and 108 foreign journalists. state broadcaster RT who was arrested in December 2018 and sentenced to Since 2017, the Cambodian two years in prison for “incitement to government has severely cracked down discriminate” over his reporting on child on media freedom. The government prostitution, was released from prison harasses independent journalists in December 2020 after completing his and has significantly restricted sentence. online expression. Discrimination, intimidation, imprisonment, false On the other hand, the ethics and accusations, harassment and violent standards practiced by Cambodia’s attacks are regularly committed against press corps, especially online media journalists. Cambodia’s ranking on the reporters, remains inconsistent, leading World Press Freedom Index drop from to unprofessional conduct and unethical 132 in 2017 to 144 in 2020.2 journalism that sometimes leads to justified prosecution and accusations of A number of high-profile legal cases impropriety. against journalists remained active through 2020. Former Radio Free The Cambodian Journalism Situation Asia journalists Uon Chhin and Yeang Report seeks to highlight the frequency Sothearin, who were arrested in of harassment cases against journalists, November 2017 and spent more than who are often unfairly targeted for nine months in pre-trial detention exercising their legal rights and freedoms before being granted bail, remain under both Cambodia’s Constitution and locked in legal purgatory after the under international law. 1 Ministry of Information’s spokesperson, Meas Sophorn released the data to CamboJA on Jan 14, 2021 2 Reporters Without Border, “2020 World Press Freedom Index”, https://rsf.org/en/cambodia Methodology Cambodian Journalism Situation Report 2020 7 1. Method & Data Collection Some key terms used in this report are defined as follows: This report employed a qualitative method. Data on harassment cases Journalists includes media workers such against journalists was compiled as reporters, freelancers, photojournalists, using reported cases in various media support staff and fixers and others with outlets, social media posts and public press cards from the Ministry of Information announcements from courts on arrest or ID cards from their own outlets. It does warrants or judgements. Cases were not include social media users without any verified through phone calls, desk of these professional credentials. review, closely monitoring the trial process and through consultation Harassment cases cover all types of attacks, with lawyers and interviews with their from violence to threats, arrest, jailing and family members. other legal actions. Legal action means legal or judicial actions against journalists, including complaints and summons for questioning. Violence covers physical violence, threats of physical violence and death. Detention means detained for questioning for few hours or overnight and then released. Imprisonment means placed in jail or prison for pre-trial detention or after conviction. 2. Scope and limitations The report had some limitations and gaps. It does not necessarily include all reported harassment cases against journalists in 2020, but only reported cases from January-December 2020 that were identified during CamboJA’s research. It is likely that many additional cases went unreported, as journalists often face harassment in the provinces, where incidents are more likely to remain hidden due to limited resources for monitoring and legal assistance. 8 Cambodian Journalism Situation Report 2020 Key Findings 4. Types of media outlets 3. Types of harassment 2. Location of harassment cases 1. Number of reported harassment cases recorded in 2020 K S E Y G N F I N D I Cambodian Journalism Situation Report 2020 9 1. Number of reported harassment cases recorded in 2020 CamboJA confirmed 32 cases of harassment, including physical attacks, threats of violence, arrest, imprisonment and other legal actions involving 57 journalists (three of whom were women). There were also 3 cases of arrest, involving 15 journalists, related other criminal charges, which some believe were motivated by their work as journalists. 2. Location of harassment cases Cases of harassment were widespread, with incidents recorded in 15 different provinces throughout the country. Figure 1: Journalists were harassed in 15 different provinces Harassed journalists in different provinces Among those 15 provinces, the majority of cases were in the capital city, Phnom Penh, and the provinces of Ratanakiri and Kratie. Those three locations accounted for 58% of harassed journalists (42 out of 72 total). Most cases in these two provinces involved journalists being physically or legally harassed for reporting on illegal logging and timber trading, while the illegal loggers and traders faced no such consequences. Most journalists in these two provinces
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