The Alliance for Freedom of Expression in Cambodia (AFEC) is very worried about the fact that persons from within or close to the Cambodian government are using Article 62 of the UNTAC law on "disinformation" against journalists who criticized them. The recent complaint against two Cambodian journalists have been filed only a few weeks after that the National Assembly has taken the prison terms out of Article 63 of the UNTAC law on criminal defamation recently. The AFEC is afraid that there was no change of attitude behind this minor legal reform.

The UNTAC law is a criminal law that was made in 1992 for the transitional period of Cambodia under UN administration when fighting between the civil war parties was still going on. Disinformation is defined as publishing false information "in bad faith and with malicious intent", which is likely to disturb public peace. It can be pAn or Hun Toe, a nephew of Prime Minister Hun Sen, would have had many other instruments for defending themselves against allegations in newspaper articles that they find to be untrue, starting by issuing a press release. A lawsuit against a journalist or a newspaper could be based on Article 10 of the Cambodian Press Law, which came into use on 1995. Then, the charge would be under the civil code and would carry a much lower penalty: The newspaper could be asked to print a correction and/or to pay a fine of $ 250 to $ 1250. But again, in the case of a public figure it must be proved that the false allegations were made with "malicious intent".

Yesterday, the AFEC has released an international Urgent Alert on the case of the journalist Dam Sithek who was accused by a government lawyer of "criminal disinformation". In an article stemming from June 13, 2006, the editor of the newspaper "Moneakseka" had quoted unidentified members of the ruling CPP party who connected the Deputy Prime Minister Sok An with corruption. He has been summoned by the court to appear on July 12. An earlier Urgent Alert of the AFEC, released on June 20, was about You Saravuth, editor of the oppositional newspaper "Sralanh Khmer" (Love Khmer). You Saravuth was accused of having spread "disinformation" about Mr. Hun Toe, a nephew of the Cambodian Prime Minister Hun Sen. This lawsuit was filed on the same day as a lawsuit against Hun Toe who is accused of having threatened to kill the journalist. You Saravuth is hiding somewhere and did not appear in front of the court on Monday, June 10, to which he was summoned for the second time.

For more information, please contact:
▪ Mr. Ou, Virak, General Secretary of the AFEC, H/P: 012 404 051

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