Defamation lawsuit: Hun Xen's first lesson to Thaksin?

Thaksin's lawyers threaten opponents with lawsuits

November 15, 2009
The Nation

Former prime minister Thaksin Shinawatra's lawyers Saturday threatened to sue anyone accusing him lacking loyalty to the monarchy and betraying the country.

Wichit Plangsrisakul and other authorised lawyers to Thaksin said at a hotel in Phuket that some media and a group of people had been expressing their own opinion that distorted the fact involving a recent interview Thaksin gave to the British-based Times Online and made grave accusations against him.

The lawyer said Thaksin had not taken legal action against those who had undergone constant smear campaigns over the past years but after they accused him of not being loyal to the King, being a traitor, and selling the country, Thaksin must protect his name as he found those accusations unacceptable.

Cambodian Court Overlooks Civil Press Law in Defamation Case

Thursday, 12 November 2009
Press Release: International Federation of Journalists

The International Federation of Journalists (IFJ) is dismayed by a decision of the Phnom Penh Court in Cambodia to overlook the country’s civil Press Law in dealing with a defamation case against freelance journalist Ros Sokhet.

According to the Cambodian Association for the Protection of Journalists (CAPJ), an IFJ affiliate, the court applied an outdated law from the interim United Nations Transitional Authority of Cambodia (UNTAC) to sentence Sokhet to two years’ jail for defamation on November 6.

UNTAC was instituted by a United Nations peacekeeping mission to Cambodia in 1992-93 to support the country’s democratic transition.

In 1995, Cambodia’s National Assembly formally adopted Cambodia’s Press Law, under which defamation is to be dealt with as a civil matter.

“Criminal defamation remains a major hurdle in Cambodia’s process of securing press freedom and journalists’ rights,” IFJ Asia-Pacific Director Jacqueline Park said.

“But there are appropriate civil laws in place to resolve media-related disputes, and Cambodia’s Press Law should be applied to assist in the resolution of media-related disputes in all circumstances.”

The IFJ stands in solidarity with CAPJ in calling on Cambodia’s Government to ensure the laws appropriate to defamation do not contain criminal penalties.

Cambodia Seeks to Muzzle its Opposition

Monday, 19 October 2009
Written by Bryony Taylor
Asia Sentinel

"A disproportionate use of civil defamation suits by any government has the chilling effect of silencing a political life that for progress must thrive. While Singapore is an economic success, Cambodia is far from it and is yet to be considered an attractive destination for foreign direct investment. A decoupling of defamation from criminal law must coincide with a government taking lessons in constructive criticism. Without this, it is the Cambodia people who continue to lose out with a legislature, executive and judiciary, neither of which are accountable to those they rule."

New criminal libel laws put a serious dent in press freedom

After escorting United Nations officials out of the National Assembly, Cambodia's ruling party last week pushed through a draft criminal code that is regarded as yet another barrier to freedom of speech in a country becoming infamous for silencing opposition members and journalists.

Cambodia is thus in danger of going down the same road as other Southeast Asian countries in making it easier to file bring criminal libel charges designed to stifle dissent, both from the opposition and the press although its English-language newspapers remain relatively free today.

None of the members of the UN Human Rights team were allowed back into the Assembly during the debate on the code, and the television feed conveniently broke down during discussions on the code's most contentious issues regarding defamation. Ruling party members blamed the UN altercation on a change in visiting procedure paperwork and the television interruption on external feed problems.

"We did not throw them out," said Chheang Vun, Cambodia's former ambassador to Geneva. "The secretary-general for the National Assembly banned them from getting in." He warned that the situation should not be used for political gain by opposition lawmakers.

Since April 2009 the UN Office of the High Commissioner for Human Rights has noted that Cambodia's government has lodged eight separate criminal defamation and disinformation complaints against opposition lawmakers, protesting civilians and newspaper editors. Two Khmer language newspapers have been forced to close after their editors were sued, and separately a student was arrested for spraying anti-government slogans on his house.

Under the new draft criminal code, media defamation cannot be considered a criminal offense and will instead be covered by Cambodia's press law. Anyone other than journalists may face fines of between $25 and $2,500 for public defamation, which the code describes as "all exaggerated declarations, or those that intentionally put the blame for any actions, which affect the dignity or reputation of a person or an institution."

Individual interpretation of these words could well lead to further curtailing of critics' remarks.

"It is a shame that the authorities did not take advantage of the drafting of the new Penal Code to remove defamation," said Brittis Edman, Amnesty International's Cambodian Researcher. "We have long called for a decriminalization of defamation; the criminal justice system is not the appropriate channel for resolving defamation cases; they are better settled under civil law and should not violate the freedom of expression."

"[The code] currently includes a number of provisions which unduly restrict freedom of expression," said the British human rights group Article 19, which lobbies for freedom of speech. It also pointed out that the broad defamation statute also appears to leave out truth as a defense against defamation charges.

"These rules should apply only to incorrect factual statements made without reasonable grounds. It should not be an offence to make a defamatory statement which is true or which is a reasonable opinion," it said.

The Washington, DC-based Tom Lantos Human Rights Commission convened a meeting last month in Phnom Penh to discuss Cambodia's situation regarding freedom of expression. Testimony by three prominent Cambodians — opposition SRP lawmaker Mu Sochua, labour advocate Moeun Tola and Kek Pung, founder of Licadho, a domestic NGO — detailed a litany of lawsuits filed by members of the ruling party curbing free speech similar to the methodology of Malaysia and Singapore's previous use of defamation.

Hun Sen's ruling CPP party rejected any accusation put forth at the hearing regarding the abuse of human rights in the country, condemning Sochua particularly for giving ‘false testimony' in a biased and misleading manner. They also highlighted Cambodia's free press.

Sochua was convicted for defaming Prime Minister Hun Sen in a ‘he said, she said' battle of lawsuits, which she faced without a lawyer after her representative was threatened with the loss of his career. Hun Sen famously insulted a strong and prominent woman widely believed to have been Sochua with the colloquial insult "cheung klang" — strong leg — in a nationally broadcast speech on April 4 2009.

She filed a defamation suit soon after. Hun Sen however, countersued on the basis that her filing against him was itself defamation and countersued. Her case was dismissed and she lost her defense, leaving her to appeal against the conviction fine of 16.5 million riels (US$3,971).

Sochua has embarked upon a battle for freedom of speech with considerable fire and PR savvy more often seen in the West. Such has been her success in bringing attention to what she calls Cambodia's "sham democracy" that delegations from the EU, a new and more forthright UN human rights rapporteur and countless damnations from NGOs and human rights groups have questioned her treatment. The US embassy in Phnom Penh has been ordered to monitor her safety and report back. But will it make a difference? History says not.

While Cambodia's Asean neighbors Singapore and Malaysia have a long history of using similar methodologies to curtail criticism and Indonesia's criminal defamation laws have the potential to bring editors to bear, according to Human Rights Watch, compared to their Asean neighbors governmental critics in Cambodia face greater penalties and actual fear of violence.

Brad Adams, HRW's Asia Director said: "Sadly, democracy is not a term I would apply to Cambodia. Aside from having elections every five years, almost all the other elements are missing. The trend is negative and with the continuing consolidation of power by Hun Sen, not least in the military, it is hard to see the trend reversing. Hun Sen has shown little ability to change over the years, to become more tolerant of criticism, less autocratic and work to create enduring, competent and independent institutions. Massive corruption and greed among those in power is at the heart of the problem, yet no steps are being taken to address it. It is depressingly similar to what has happened in Malaysia and Singapore over the years."

In an Amnesty International report concerning the actions of the Singaporean government during the period, the NGO highlighted the very same concerns that are repeated in Cambodia today. "The intended [and expected] effect of these suits, it is believed, has been to inhibit the public activities of opposition politicians."

There is very little difference between this and the ongoing actions in Cambodia, Mu Sochua says. "When [the] government of a non or semi-democratic regime is in control of the judiciary, their opponents will continue to be victims of such a lack of independence in the judiciary. However, by continuing to pursue this practice, the leaders in power will discredit themselves at the end. I believe that there will be a break point but it has to be worse before it can be better." She added that while total judicial forms were unlikely without a change in leadership, she hoped aid donors would only provide further help on a conditional basis tied to freedom of speech.

A disproportionate use of civil defamation suits by any government has the chilling effect of silencing a political life that for progress must thrive. While Singapore is an economic success, Cambodia is far from it and is yet to be considered an attractive destination for foreign direct investment. A decoupling of defamation from criminal law must coincide with a government taking lessons in constructive criticism. Without this, it is the Cambodia people who continue to lose out with a legislature, executive and judiciary, neither of which are accountable to those they rule.

Return of SRP MP’s immunity is a complicated affair

SRP MP Ho Vann (L) and SRP MP Mu Sochua (R)

17 October 2009
By Sopheap
Khmer Express News
Translated from Khmer by Socheata

The parliamentary immunity of 2 SRP MPs – Kampot MP Mu Sochua and Phnom Penh MP Ho Vann – which was lifted on 22 June 2009 stemming from defamation lawsuits brought up by Hun Xen (in the case of Mu Sochua) and 22 high-ranking army officers (in the case of Ho Vann), has not been restored yet.

The Committee for Free and Fair Elections in Cambodia (Comfrel), an election watchdog group, issued a report for August and September titled: “Complications in the return of parliamentary immunity to MPs” in which it indicated that these complications stem from the lack of clear law providing the procedure for such return. Such shortcoming led to MPs, politicians, government officials and legal scholars to provide diverging opinions.

Prey Veng SRP MP Yem Ponharith is also of the same opinion. He indicated that, according to the spirit of Article 16 of the MP statute law, MP should automatically receive their parliamentary immunity without the need for a parliamentary vote to return it back to them.

Prey Veng CPP MP Cheam Yeap said that MPs receive their parliamentary immunity once they gave their oath at the start of their office position. He claimed that the removal of the parliamentary immunity was initiated by a request from the tribunal to the ministry of Justice, but if it should be restored back, the court should also ask the ministry of Justice to tell the National Assembly to vote to return the parliamentary immunity to the MP back.

Koul Panha, Executive Director of Comfrel, indicated that rule to lift or return the parliamentary immunity for MPs should be clearly stated in a law. The National Assembly seems to decide as it pleases: the parliamentary immunity could be lifted by the permanent committee of the NA, or that it requires a 2/3 votes from the NA to restore the parliamentary immunity back, but in fact, there is no law to stipulate all the above.

Currently, the NA seems to function under the rule that whichever way was used to lift the parliamentary immunity, the same way must be used to restore it back. Even Hun Xen himself made this claim.

Mrs. Mu Sochua was sued by Ky Tech on behalf of Hun Xen on 27 April 2009. She was accused of defamation. Ho Vann was sued by a lawyer representing 22 high-ranking army officers on 30 April 2009. He was also accused of defamation. Both MPs saw their parliamentary immunity lifted on the same day on 22 June 2009.

Cambodian news editor [in Long Beach] settles suit with apology

COURTS: Weekly's harsh criticism of New Year parade committee prompted legal fight.

09/14/2009
By Greg Mellen
Staff Writer
Long Beach Press Telegram (California, USA)

SAN PEDRO - A Cambodian news editor being sued for defamation agreed Monday to publish an apology in his newspaper to the offended parties in exchange for having the suit dropped.

Narin Kem, editor and publisher of Serey Pheap, a Cambodian weekly newspaper, agreed to apologize for statements made in the newspaper between 2005 and 2006 without admitting whether the statements were defamatory.

Bill Shibley, the attorney for Kem, said his client would be hard-pressed to bear the cost of a protracted trial and the settlement allows Kem to continue operating his publication.

Kem was unavailable for comment.

In the apology, Kem wrote "I made numerous statements which (the defendants) claim impugned their character and integrity by charging them with misconduct."

The complainants were Danny Vong, Sweety Chap, Kundy Kol, Thommy Nou and Sereivuth Prak.

In their suit, the five had asked for $300,000 each.

In 2005, when the Cambodian community was racked with dissension over the proposed date for the inaugural Cambodian New Year Parade, Kem was a vocal critic of the parade and members of its organizing committee.

The event was initially scheduled for April 17, the 30th anniversary date of the rise of the Khmer Rouge to power in Cambodia.

Many, like Kem, believed it wrong to celebrate on a day that marked the official onset of the Khmer Rouge reign, which ended 44 months and about 2 million dead later.

As the New Year dispute escalated, so did the rhetoric with Kem harshly criticizing parade organizers.

Those on the parade committee contended the attacks were personal, while Kem's defense was that the pieces were opinion and protected as freedom of speech under the First Amendment of the Constitution.

Paline Soth, who has written occasional pieces for Serey Pheap, says it is important for those like Kem to have a voice in community discourse.

"I believe it's our way of exercising our freedom of speech," Soth said. "We're voicing our opinion and it's a plus."

greg.mellen@presstelegram.com, 562-499-1291

Freedom of Expression in Cambodia is deteriorating: Civil Society

CCHR – CLEC – IDEA – KKKHRA – LICADHO
Joint Media Statement
For Immediate Release
Phnom Penh, June 11, 2009

Freedom of Expression in Cambodia is deteriorating

We, the undersigned organizations, are strongly concerned about the perilous state of freedom of expression in Cambodia. Since the end of April 2009, Cambodian government officials have filed complaints of defamation, disinformation or incitement against several Sam Rainsy Party (SRP) lawmakers as well as a lawyer, a journalist and an NGO president. In addition, Phnom Penh authorities have taken harsh action to suppress freedom of expression by residents of Boeung Kak lake. Such events have serious negative impacts on the freedom of expression in Cambodia.

On June 08, 2009, the Phnom Penh Municipality reportedly sent armed forces to close the Lazy Fish guesthouse in the Boeung Kak area after its owner agreed to rent the premises to the Cambodian Center for Human Rights (CCHR) for a public forum on ‘Human Rights and Development’ on June 12, 2009. The intimidation culminating in the temporary closure of this guesthouse caused CCHR to decide to suspend its forum.

On Thursday June 4, 2009, Soung Sophorn, a law student, SRP activist and a resident of Boeung Kak, was arrested after he had painted ‘Absolutely fighting against communist policy,’ and ‘People Suffer due to Cheap Government and Company’ on the walls of home. Detained in police custody for two days, he was then taken to Phnom Penh Municipal Court on Saturday. Despite this being a non-working day for the court, he was hurriedly placed on trial, convicted of defamation and sentenced to pay 5 million riels compensation to the government.

These actions of the Phnom Penh Muncipality, police and court in the above two cases were clearly unjustified and aimed at suppressing the freedom of Boeung Kak residents to discuss and express opinions about the pending loss of their homes due to the government giving a private company a 99-year lease to the lake area.

In addition, recent months have seen a total of four defamation, disinformation or incitement complaints filed against three SRP lawmakers, Mu Sochua, Ho Vann and Sam Rainsy, by the government or individual high-ranking officials. Similar complaints were also filed against Mu Sochua’s lawyer, Kong Sam Onn, and Khmer Machas Srok newspaper director Hang Chakra.

Several other lawsuits have also been filed. A disinformation suit was lodged by a government lawyer against Mr. Moeung Sonn, the president of Khmer Civilisation Foundation, for comments he made about lights being installed at Angkor Wat. Mr. Moeung Sonn subsequently fled to France; his departure is understandable in the context of past cases of disinformation in which a non-independent judiciary decided the fate of defendants. It is also worth noting that Mr. Moeung Sonn himself had sued Mr. Soy Sopheap, the commentator of Cambodian Television Network (CTN), for defamation and disinformation as well.

The pattern of complaints of defamation, disinformation and incitement filed by high-ranking officials, and the intimidation of residents at Boeung Kak lake, poses a serious threat to the right to freedom of expression in Cambodia. In particular, Article 62 (Disinformation) and Article 63 (Defamation and Libel) of the UNTAC criminal code continue to be used to silence the voices of Cambodian people and to prevent public participation.

Given this concern and threat to human rights and freedom of expression in Cambodia, we urge the Cambodian government to:

• Reconsider its lawsuits over defamation and disinformation, in the interests of ensuring that all Cambodian people have the opportunity to express their points of view and to freely participate in debate about government policies and practices.
• Respect the principles of freedom of expression as stated in the Universal Declaration on Human Rights and other international covenants, to which Cambodia is a party, and also in the Cambodian constitutional law.
• Encourage high-ranking and elected officials to build stronger democratic institutions which guarantee a greater separation of powers between the executive, legislative and judicial branches.
• Protect the constitutional rights of the Cambodian people and ensure the independence of the judiciary so that it respects the rights of all parties involved in litigation cases

For more information, please contact:
-Virak Ou, President,
Cambodian Center for Human Rights (CCHR), (855) 12 404051
-Virak Yeng, Executive Director,
Community Legal Education Center (CLEC), (855) 12 801235
-Pao Vorn, President,
Independent Democracy of Informal Economic Association (IDEA), (855) 12 534796
-Chanrith Ang, Executive Director,
Khmer Kampuchea Krom Human Rights Association (KKKHRA), (855)12 934802
-Naly Pilorge, Executive Director,
Cambodian League for the Protection and Defence of Human Rights (LICADHO), (855)12 803650