A while back I stated, below in the Phnom Penh Post, that the declaration to world by Hun Sen and his gang that the Khmer law of defamation was decriminalised was/is a fraud. The recent arrest and detention of Mr. Dam Seth Editor of the newspaper Moneakseka Khmer is the case in point.
Defamation still a crime
Bora Touch Lawyer --Phnom Penh Post, Issue 15 / 10, May 19 - June 1, 2006
Recent public statements of the Cambodian government and its affiliated media obscure facts and misrepresent the issue of decriminalization of the defamation law.
In its editorial of 3/4/06, Reaksmei Kampuchea declared that "press freedom watchers worldwide applauded the government's declaration to retrieve criminal punishment from the defamation law." However, in fact, criminal punishment has not been removed entirely. Criminal punishment stands by way of criminal fines and more.
Not just Article 63 of the Transitional Law (Law) relates to defamation but also Articles 59 and 60 on criminal incitement; Article 61 on discriminatory incitement, Article 62 on "disinformation," and Article 63 on defamation and insult. Conviction under the last four Articles carries penalties of significant terms of imprisonment. These five Articles are the product of the cutting-and-pasting of Articles 23, 27 and 29 of the French Press Law (1881) by French magistrates Serge Durond and Gerard Porcell (Head of UNTAC Civil Administration Component) who drafted the Law. The UNTAC drafters' intention and wording is relatively clear that these articles were meant to relate to the press.
If imprisonment is taken out from Article 63, therefore, the Press (the accused) is not off the hook. There are three more Articles (60, 61, 62) in the Law that can continue to be used against them, especially Article 62 which is vague and more dangerous. So "press freedom watchers" don't get too excited - you are being misled.
Further, what has been generally ignored by the Cambodian judiciary and government is the fact that Articles 59-63 of the Law have been repealed since the Press Law 1995 came into force (see Article 21 in particular). This Press law too carries criminal fines.
As such, the arrests, the imprisonment and the punishment of people accused of breaches of Articles 59-63 of the Law since the Press Law 1995 came into force have been illegal and the police, judicial members and those who ordered arrests, imprisonment and punishment under those articles of the Law are guilty of violation of the accused's physical integrity and illegal confinement under Articles 35 and 57 of the Law respectively. If the victims have not filed criminal complaints for this abuse, they should do so.
Bora Touch, Lawyer - Sydney
Defamation still a crime
Bora Touch Lawyer --Phnom Penh Post, Issue 15 / 10, May 19 - June 1, 2006
Recent public statements of the Cambodian government and its affiliated media obscure facts and misrepresent the issue of decriminalization of the defamation law.
In its editorial of 3/4/06, Reaksmei Kampuchea declared that "press freedom watchers worldwide applauded the government's declaration to retrieve criminal punishment from the defamation law." However, in fact, criminal punishment has not been removed entirely. Criminal punishment stands by way of criminal fines and more.
Not just Article 63 of the Transitional Law (Law) relates to defamation but also Articles 59 and 60 on criminal incitement; Article 61 on discriminatory incitement, Article 62 on "disinformation," and Article 63 on defamation and insult. Conviction under the last four Articles carries penalties of significant terms of imprisonment. These five Articles are the product of the cutting-and-pasting of Articles 23, 27 and 29 of the French Press Law (1881) by French magistrates Serge Durond and Gerard Porcell (Head of UNTAC Civil Administration Component) who drafted the Law. The UNTAC drafters' intention and wording is relatively clear that these articles were meant to relate to the press.
If imprisonment is taken out from Article 63, therefore, the Press (the accused) is not off the hook. There are three more Articles (60, 61, 62) in the Law that can continue to be used against them, especially Article 62 which is vague and more dangerous. So "press freedom watchers" don't get too excited - you are being misled.
Further, what has been generally ignored by the Cambodian judiciary and government is the fact that Articles 59-63 of the Law have been repealed since the Press Law 1995 came into force (see Article 21 in particular). This Press law too carries criminal fines.
As such, the arrests, the imprisonment and the punishment of people accused of breaches of Articles 59-63 of the Law since the Press Law 1995 came into force have been illegal and the police, judicial members and those who ordered arrests, imprisonment and punishment under those articles of the Law are guilty of violation of the accused's physical integrity and illegal confinement under Articles 35 and 57 of the Law respectively. If the victims have not filed criminal complaints for this abuse, they should do so.
Bora Touch, Lawyer - Sydney
11 comments:
yes, i like the idea into law that intentional defamation, slandering, etc. of an official should be against the law, especially if there aren't enough concrete evidence to say so. not all official are bad and in fact most are trying very hard to make cambodia better in reforms etc... media and certain individual shall be held responsible for such joke; otherwise, people don't know their limit at all. thank you.
HorNam HOng, should be arrested just for arresting a news editor/reporter. Its their duty to report and write.
Correct, but this is beyond libel and slander when you have politician who owned the media. It is blatantly rape and assault on democracy by the SRP.
Bullshit! it's rather the fucking Viets and the CPP Hun Sen Viet puppet and Fucking Viet parasite like yourself @5:23 AM that are animal and outlaws that will be one day shot by the firing squad!!!
Hey crabshet 5:44 AM r u suggesting that when SRP voted in power they will put all the people opposed to him into the firing squad? I rather be with somebody else then your democracy crab man. Stop the shet it is stink….u r stinker than the dictatorship..
fuck you, the whole media from tv, to papers are owned by teh fuckin cpp, most of teh times they made up story, eg, saying mu sohua defected to them, etc. why not open your fuckin eyes.
whore nam hong is a public figure and a leader, people can say a lot of things about him wether true or not, he should be tolerant. that he was a kr chief was so true, not just him, the son and mother were also KR boss at btb.
I applaud dam sith for daring to go to court and let them arrest him. it will only make him a martyre. i think dam sith is not scare of the fuckin yuan sluts at all.
No, you dumb arse @6:35 AM, now that you're faking your English like that, I can tell you that you misread the whole thing - it should say that your mother will soon be blatantly molested, assaulted and raped by the CPP and its cronies because you're the CPP's slave already. It should not make any difference at all to you, you dumb arse faker!!! Got that?
Mr. Touch Bora,
[Est-ce que vous allez faire quelques choses a ce propos, non?]
Being an attorney and all, are you going to do something about it or not?
Defamation supposes to be a crime, unless people got money to pay the law suit.
I want to let all our real Khmer( not A Khmer/Yuon)peoples know that event UN not arrest A Dump Hor NamHong one days UN will be arrest him soon and not just A Dump Hor NamHong also will arrest including Heng Samring, Chea Sim, Hun Sen, Hok Lundy, Sar Kheng, Sok An, Tea Banh, Keat Chuon, Ly Lay Sreng, all this fucking dump UN will arrest very soon after UN Tribunal for the Khmer Rouge. UN will help to fine the justice for our Cambodian peoples already pass a way during 1975 to 1979 under 3 millions peoples and they not die for nothing. the names on the top are all A Khmer/Yuon not fucking dump not real Khmer, from Cambodian Victim Australia
I just wanna express my thought that demafation is infact an offence and the accused should be punished whenever JUSTIFIED. The lawsuit is still in progress, the official answer that Ho Nam Hong is a Khmer Rouge prison chief is not announced yet, So Sith shouldn't deserve imprisonment at this early stage. He basically quoted Rainsy's speech. He may infact support the opposition party but it's a matter of freedom of speech.
Post a Comment