How could Cambodia’s Draft Cybercrime Law affect Internet users?

What is the purpose of the law?

In May 2012, the government of Cambodia announced that a Draft Cybercrime Law (“the Draft”) was in the works. Calls to see copies of the Draft by human rights organizations were ignored. However, an unofficial copy of the Draft was leaked to the public in April 2014. The supposed purpose of the law is to combat online criminal activities.The Draft criminalizes hacking, the stealing of data and the production of pornography on the Internet.

However, it seems the Draft has an additional hidden agenda. Asked about the need for a Cybercrime Law in May 2012, Press and Quick Reaction Unit spokesman Ek Tha explained to The Phnom Penh Post: “We need to prevent any ill-willed people or bad-mood people from spreading false information, groundless information that could tend to mislead the public and affect national security or our society. We need to control this.” As such, it seems that the underlying purpose of the Draft is controlling information circulating on the Internet.

In fact, there is a lengthy Article in the Draft that regulates the sharing of information on the Internet.  Article 28 makes it a crime to create web content that is “deemed to hinder the sovereignty and integrity of the Kingdom of Cambodia,” to publish information (even if true) that is deemed to incite persons to commit anarchism, and to publish (retweet, repost, or forward an email) material that is “deemed to generate insecurity, instability, and political incohesiveness.” There are several more articles that regulate expression, including a provision that would punish online expression that incites or instigates prejudice based on political views.  This last provision will most likely be used to punish those critical of the actions of the ruling party.

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