Friday, May 26, 2006

Cambodian decriminalises defamation

Friday May 26 2006
AFP

Cambodia moved towards decriminalising defamation Friday when lawmakers voted to make the offense punishable only by a fine, amid fears the legislation was being used to jail political dissenters.

Eighty-one out of 87 lawmakers voted for the changes after about two hours of debate, said Nguon Nhel, acting National Assembly president. The remaining six did not vote.

Some lawmakers argued that the maximum 2,500-dollar fine was too high and worried that those who could not afford to pay might still be jailed.

But Justice Minister Ang Vong Vathana said only those with money who refused to pay the fine would be imprisoned, while the others would be examined on a case-by-case basis.

"If the fine is too low -- maybe 50 or 100 dollars -- then everyone will be cursing each other. That is something we need to think about," he said.

Defamation had previously been punishable by a prison term, and was used to jail several government critics in a widely-condemned crackdown on dissent.

It remains a criminal offense in Cambodia's penal code, but will likely become a civil offense at some point, officials say.

Following months of angry criticism from rights groups and foreign diplomats, Hun Sen said earlier this year that he supported scrapping criminal defamation legislation.

In January Hun Sen dropped defamation complaints against seven activists and ordered those in jail to be bailed, though the courts have yet to dismiss the cases and the critics still risk going to trial.

Hun Sen also engineered a royal pardon for opposition leader Sam Rainsy, who was sentenced to 18 months in prison in December for defaming the premier and National Assembly president Prince Norodom Ranariddh.

Opposition lawmaker Eng Chhay Eang said the amended law "is good for Cambodia to show that it is leading in the respect for human rights".

The amended law will go to the Senate before it is likely to be approved by the king.

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