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Cambodia-Baseline-Study.Pdf FREED O M O F EXPRESSIO N A N D TH E M ED IA IN CA M BO D IA part of a series of baseline studies on seven Southeast Asian countries © A RTICLE 19, London and A D H O C and CLEC, Cam bodia ISBN 1 902598 75 X June 2006 ARTICLE 19, 6-8 Am w ell Street, London EC1R 1U Q ' Tel: +44 20 7278 9292 Fax: +44 20 7278 7660 ' info@ article19.org ' w w w .article19.org Cam bodian H um an Rights and Developm ent Association (ADH O C) ' # 1, Street 158, O ukghna Troeung, PO Box 1024, Boeung Raing, Daun Penh, Phnom Penh, Cam bodia Phone: (855-23) 218-653 ' Fax: (855-23) 217-229 ' adhoc@ bigpond.com .kh Com m unity Legal Education Center (CLEC) ' #54 Street 306, Boeung Keng Kang I, Khan Cham car M orn, Phnom Penh, Cam bodia ' Phone: +855 23 215 590 ' Fax: +855 23 211 723 ' adm in@ clec.org.kh Acknow ledgem ents This report is a product of cooperation between ARTICLE 19, the Human Rights and Development Association (ADHOC) and the Community Legal Education Center (CLEC). The report was written by CLEC. Comments were provided by Johanna Selth of ADHOC and Dini Widiastuti (ARTICLE 19 Asia Programme Officer). Further comments and editing were provided by two ARTICLE 19 staff: Debra Long (Asia Programme Officer) and Luitgard Hammerer (Director for the Asia and Europe Programmes). Copy-editing was done by Dini Widiastuti. Proof-reading was done by Helene Theros. The cover was designed by Mardiana Tukiran. ARTICLE 19 would like to thank the European Commission for providing funding for this study and six other baseline studies on freedom of expression and the media. These studies are parts of the project “Promoting and Protecting Freedom of Expression and Freedom of Information in the ASEAN Region.” We would also like to thank other donors who have contributed to this project: the Open Society Foundation, the Royal Norwegian Embassy in Bangkok and UNESCO. "This project is co-financed by the European Initiative for Dem ocracy and H um an Rights, European Com m ission. O pinions in this publication is fully the responsibility of ARTICLE 19 and Internew s, and therefore do not reflect the official view s of the European Com m ission.” “This study w as published w ith support from U N ESCO . The ideas and opinions expressed in this study are those of the authors and do not necessarily represent the view s of U N ESCO . The designations em ployed and the presentation of m aterial throughout the publication do not im ply the expression of any opinion w hatsoever on part of U N ESCO concerning the legal status of any country, territory, city or area, or of its authorities, or concerning its frontiers or boundaries.” Freedom of Expression and the M edia in Cam bodia Contents 1. INTRODUCTION........................................................................................................4 2. KEY RECOMMENDATIONS ....................................................................................6 3. BACKGROUND.........................................................................................................8 3.1. History ...................................................................................................................8 3.2. Social and Political Context ................................................................................10 3.3. Legal System .......................................................................................................11 Climate of Human Rights.......................................................................................12 4. INTERNATIONAL AND CONSTITUTIONAL OBLIGATIONS...........................17 4.1. The Importance of Freedom of Expression .........................................................17 4.2. Freedom of Expression and the Media................................................................18 4.3. Pluralism..............................................................................................................19 4.4. Public Service Broadcasting................................................................................20 4.5. Independence of Media Bodies ...........................................................................22 4.6. Restrictions on Freedom of Expression...............................................................23 4.7. The Constitution of Cambodia ............................................................................24 5. MEDIA SITUATION.................................................................................................27 5.1. Media Overview ..................................................................................................27 5.2. Print media...........................................................................................................30 5.3. Television ............................................................................................................32 5.4. Radio....................................................................................................................34 5.5. Foreign Language Press.......................................................................................35 6. PRESS REGULATION..............................................................................................38 6.1. Registration Regime ............................................................................................39 6.2. Responsibilities of Journalists .............................................................................39 6.3. Regulation of Journalists and Journalists' Associations ......................................40 7. BROADCASTING REGULATION .........................................................................43 7.1. Regulation of the Internet....................................................................................44 7.2. Special Regulations .............................................................................................47 Recommendations: .................................................................................................48 8. DEFAMATION..........................................................................................................48 8.1. Defamation under the Press Law.........................................................................50 8.2. Criminal Defamation ...........................................................................................50 8.3. The Relationship between the UNTAC Law and the Press Law ........................54 High Profile Defamation Cases ..............................................................................56 Recommendations: .................................................................................................58 9. CONTENT RESTRICTIONS ....................................................................................59 9.1. Press Law Restrictions on Content......................................................................60 9.2. UNTAC Criminal Law Restrictions on Content .................................................65 Case Study: Applications of disinformation & incitement law in Cambodia ........66 10.THE DRAFT PENAL CODE....................................................................................67 10.1. Defamation ........................................................................................................68 10.2. Attacks Against Justice......................................................................................69 10.3. Impact ................................................................................................................69 11. FREEDOM OF INFORMATION AND SECRECY ...............................................71 11.1. Access to information under the Press Law ......................................................72 11.2. Access to information under the Archive Law..................................................76 Recommendations: .................................................................................................77 12. INFORMAL RESTRICTIONS AND HARASSMENT OF MEDIA ......................78 Recommendations: .................................................................................................80 Annex: Restrictions to Freedom of Assembly................................................................80 1. IN TRO D U CTIO N Cambodia has survived over five decades of turmoil and upheavals. Today this country is both a reflection of and at odds with these many years of turbulence. Despite this violent history, the media in Cambodia enjoy a degree of freedom today. A certain amount of criticism of the government is permitted, in privately owned newspapers and in the foreign-language media. In this respect, Cambodia offers an environment that is more conducive to free expression than some of its neighbouring countries. However, the expression of openly critical views is presently confined to specific channels, such as the foreign press. The channels for opposing voices are clearly defined; outside their parameters, there is little scope for civil society to critique the government of the day. Robert Carmichael, formerly a journalist with the Phnom Penh Post, describes the special situation of the foreign press as follows: It is good because we have a certain immunity from intimidation; not that the paper has never been threatened with closure or that people have never been threatened, but it is really rare. There are two reasons why: one is that the owner is American and the paper is well-known in the region, and the other is that the government doesn't really care. We write
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