News / Asia

Cambodia's Draft Cybercrime Law Worrying, Say Critics

FILE - Lary, 27, takes a picture with his tablet in Phnom Penh.
FILE - Lary, 27, takes a picture with his tablet in Phnom Penh.
Robert Carmichael
Work on Cambodia's secretive Cybercrime Law has been going on behind closed doors for two years, with the government so far refusing any input from civil society groups. Recently, though, a copy of the draft was leaked. Some of the proposal's provisions have raised concerns that Cambodia's ruling party could one day use the law to target its critics.
 
Britain-based information freedom group Article 19 has released a scathing assessment of Cambodia's draft Cybercrime Law. The group said measures in the bill fall well below international standards, threatening freedom of expression in Cambodia.
 
The draft law, on which work started two years ago, has assumed increasing relevance since July's general election, which the ruling Cambodian People's Party, or CPP, narrowly won, taking around half the vote and 68 of parliament's 123 seats.
 
The CPP has for years benefited from exerting complete control over all local television, along with most radio stations and newspapers.
 
That led their political opponents to turn to Facebook, YouTube and other online tools to communicate with supporters. As a result, the CPP was thoroughly outmaneuvered online, and the opposition took 55 seats in parliament, almost double its previous total. Opposition supporters have since claimed that the ruling party cheated its way to victory.
 
Political analyst Ou Virak said the CPP completely underestimated the potential of the online space, and that its efforts to catch up since then have failed. Virak pointed out that the provisions of the draft Cybercrime Law, which the government wants to put before parliament this year, need to be seen in that context.
 
“The ruling party is certainly frustrated at the fact that they cannot win the battle online. They have no idea what to do. They tried different things. They tried throwing a lot of money, and that didn't work. So they're obviously frustrated. And this is why the Cybercrime Law is going to be one that the government is looking at as a potential tool. Because they don't know how to respond. Certainly the election is something that is on the government's mind,” said Virak.
 
Virak said the ruling party knows it needs to do something to regain support. He argued that if the party was younger and less bureaucratic, it could try to adapt and compete for political allegiance of the country's million-plus young Facebook users and the three million other online users.
 
“But I don't think that's possible with this government. And, so yes, they will respond with trying to introduce different legislation so they can have their way,” said Virak.
 
The Cybercrime Law could also affect foreign hackers who have made Cambodia their home base for launching cyberattacks abroad.
 
On Tuesday, the government announced that it had worked with the FBI to arrest two local hackers with the online Anonymous collective. The U.S. Embassy in Phnom Penh declined to comment on the grounds that the investigation is ongoing.
 
Several clauses of the draft Cybercrime Law contain serious punishments.
 
For example, posting information online that a government-appointed committee deems harmful to the country's sovereignty or integrity could result in three years in jail. Other similar vague crimes include: affecting "the integrity of any government agencies or ministries or officials"; inciting "anarchism"; or causing insecurity.
 
Those found guilty could also be stripped of their civic rights and barred from their profession for life.
 
Asked to comment on the draft law, the U.S. Embassy said it understood that some independent analysts had voiced concerns about the bill on the grounds that it was overly broad and could be used to restrict online freedom of expression. An embassy spokesman said the U.S. strongly supports freedom of expression whether online or offline, and encouraged the Cambodian government to consult more widely on the draft.
 
Leewood Phu, who advises the Cambodian government on information technology, suggested much the same to the drafting committee. But, he said, the committee ignored the advice.
 
“It does not include the process of making law in a democratic country. You have to have some kind of background paper on it, and then you have to have some kind of White Paper on it, and then for public to comment on the White Paper, and then once the public is finished then you can put it to the Council of Ministers and pass it, and then to the National Assembly to pass it. But the process wasn't there,” said Phu.
 
There are other problems with the draft, added Phu, including that the committee did not consult any judges or lawyers - which is why punishments for similar crimes committed offline are far less severe than for their online equivalents.
 
Information rights group Article 19 has called on the government to consult with civil society before the draft goes any further. It's not clear whether that will happen. Despite repeated efforts, VOA was unable to reach Prak Sokhon, the minister for post and telecommunications, and two officials involved in drafting the law have so far declined to comment.

You May Like

Conflicts Engulf Christians in the Middle East

Research finds an increase in faith-based hostilities, and Christians are facing persecution in a growing number of countries in the region More

Iran Bolsters Surveillance of Phones, Internet

Does increased monitoring suggest the government is nervous? More

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
Ukraine Battles Pro-Russia Rebel Assaulti
X
Daniel Schearf
August 29, 2014 9:30 PM
After NATO concluded an emergency meeting to discuss the crisis in eastern Ukraine, the country is struggling to contain heavy fighting near the strategic port of Mariupol, on the Azov Sea. Separatist rebels are trying to capture the city, allegedly with Russian military help, and Ukraine's defense forces are digging in. VOA's Daniel Schearf spoke with analysts about what lies ahead for Ukraine.
Video

Video Ukraine Battles Pro-Russia Rebel Assault

After NATO concluded an emergency meeting to discuss the crisis in eastern Ukraine, the country is struggling to contain heavy fighting near the strategic port of Mariupol, on the Azov Sea. Separatist rebels are trying to capture the city, allegedly with Russian military help, and Ukraine's defense forces are digging in. VOA's Daniel Schearf spoke with analysts about what lies ahead for Ukraine.
Video

Video Growing Business Offers Paint with a Twist of Wine

Two New Orleans area women started a small business seven years ago with one thing in mind: to help their neighbors relieve the stress of coping with a hurricane's aftermath. Today their business, which pairs painting and a little bit of wine, has become one of the fastest growing franchises across the U.S. VOA’s June Soh met the entrepreneurs at their newest franchise location in the Washington suburbs.
Video

Video Ebola Vaccine Trials To Begin Next Week

The National Institutes of Health says it is launching early stage trials of a vaccine to prevent the Ebola virus, which has infected or killed thousands of people across West Africa. The World Health Organization says Ebola could infect more than 20,000 people across the region by the time the outbreak is over. The epidemic has health experts and governments scrambling to prevent more people from becoming infected. Zlatica Hoke has more.
Video

Video Asian Bacteria Threatens Florida Orange Trees

Florida's citrus fruit industry is facing a serious threat from a bacteria carried by the Asian insect called psyllid. The widespread infestation again highlights the danger of transferring non-native species to American soil. VOA’s George Putic reports.
Video

Video Aging Will Reduce Economic Growth Worldwide in Coming Decades

The world is getting older, fast. And as more people retire each year, fewer working-age people will be there to replace them. Bond rating agency Moody’s says that will lead to a decline in household savings; reducing global investments - which in turn, will lead to slower economic growth around the world. But experts say it’s not too late to mitigate the economic impact of the world’s aging populations. Mil Arcega has more.
Video

Video Is West Doing Enough to Tackle Islamic State?

U.S. President Barack Obama has ruled out sending ground troops to Iraq to fight militants of the so-called Islamic State, or ISIS, despite officials in Washington describing the extremist group as the biggest threat the United States has faced in years. Henry Ridgwell reports from London on the growing uncertainty over whether the West’s response to ISIS will be enough to defeat the terrorist threat.
Video

Video Coalition to Fight Islamic State Could Reward Assad

The United States along with European and Mideast allies are considering a broader assault against Islamic State fighters who have spread from Syria into Iraq and risk further destabilizing an already troubled region. But as VOA State Department Correspondent Scott Stearns reports, confronting those militants could end up helping the embattled Syrian President Bashar al-Assad.
Video

Video Made in America Socks Get Toehold in Online Fashion Market

Three young entrepreneurs are hoping to revolutionize the high-end sock industry by introducing all-American creations of their own. And they’re doing most of it the old-fashioned way. VOA’s Julie Taboh recently caught up with them to learn what goes into making their one-of-a-kind socks.
Video

Video Americans, Ex-Pats Send Relief Supplies to West Africa

Health organizations from around the world are sending supplies and specialists to the West African countries that are dealing with the worst Ebola outbreak in history. On a smaller scale, ordinary Americans and African expatriates living in the United States are doing the same. VOA's Carol Pearson reports.
Video

Video America's Most Popular Artworks Displayed in Public Places

Public places in cities across America were turned into open-air art galleries in August. Pictures of the nation’s most popular artworks were displayed on billboards, bus shelters, subway platforms and more. The idea behind “Art Everywhere,” a collaborative campaign by five major museums is to allow more people to enjoy art and learn about the country’s culture and history. Faiza Elmasry has more.
Video

Video Chinese Doctors Use 3-D Spinal Implant

A Chinese boy suffering from a debilitating bone disease has become the first patient with a part of his spine created in a three-dimensional printer. Doctors say he will soon regain normal mobility. VOA’s George Putic reports.
Video

Video India’s Leprosy Battle Stymied by Continuing Stigma

Medical advancements in the treatment of leprosy have greatly diminished its impact around the world, largely eliminating the disease from most countries. India made great strides in combating leprosy, but still accounts for a majority of the world’s new cases each year, and the number of newly infected Indians is rising - more than 130,000 recorded last year. Doctors there say the problem has more to do with society than science. Shaikh Azizur Rahman reports from Kolkata.

AppleAndroid