Govt defends its record against EU criticisms

The Phnom Penh Post
Wednesday, 12 August 2009 15:03 Sebastian Strangio

THE Ministry of Foreign Affairs has responded to European Union claims that a recent series of defamation lawsuits is undermining freedom of expression, arguing that the government is "more than ever" committed to the promotion and protection of basic rights.

In a statement Tuesday, ministry spokesman Koy Kuong said the government viewed human rights "from a comprehensive and long-term perspective".

"While individual rights, freedom of expression and a culture of debates are taking deeper roots in Cambodia, we must recognise that the exercise of these rights and freedoms ... must be within the rule of law," the statement said.

It also claimed that the recent defamation and disinformation verdicts were intended to protect individuals' "right to dignity", and were taking place "in compliance" with the law.

The statement came following a Friday meeting between EU representatives and Ouch Borith, a secretary of state at the Foreign Ministry, in which the Europeans expressed concerns that recent lawsuits could have "serious consequences for civil society's willingness to engage in democratic debate".

A classified terms of reference from the meeting, approved by the EU's 27 members, also stated the government had shown "disregard" for speech protections in place for elected political representatives.

Sam Rainsy Party spokesman Yim Sovann said the response from the Foreign Ministry was unconvincing, coming the same day as opposition publisher Hang Chakra had his appeal against a disinformation conviction thrown out by the Appeal Court.

"The reality [in Cambodia] is different," he said, noting that "even the junta in Myanmar" called itself democratic.

"Checks and balances are very weak. The judiciary is run by the ruling party. No other democratic country has a system like this."

But he said the EU, a major aid donor, could force the government into making reforms.

"If there is pressure from the international community, I think they will change," he said. "This country cannot live on its own."

THAILAND: Instability and vulnerability

18 January 2009
Source: Southeast Asian Press Alliance (SEAPA)
For a more detailed country-by-country report, please click on the following link: YEAREND REPORT 2008

THAILAND: Instability and vulnerability

Thailand ended 2008 with a new government (its fifth in two years), many lingering questions about the country’s stability and, among other uncertainties therefore, the environment for the media and press freedom.

From the deposed government of former Prime Minister Thaksin Shinawatra, who was ousted in a coup in September 2006, to the one-year military regime that followed, and two civilian governments that critics contended were but proxies for Thaksin from 2007 through much of 2008, Thailand’s press had long been under a dark cloud. Constitutional guarantees for free expression and laws strengthening press freedom and access to information were often undercut by hostile posturings from whichever party or entity was in power. Threats and actual cases of defamation hung over government critics’ heads during the time of Thaksin, while lese majeste suits were recklessly abused by all political factions and the military itself, all contributing to a chilling environment for open and free public discourse, particularly where matters of corruption, military coups, or the Thai monarchy were concerned.

The election in December 2008 of a Democratic Party-led government gave rights advocates some room to hope for a change in the atmosphere. New Prime Minister Abhisit Vejjajiva is a young, western-educated politician with warm relations with the press. In his time as opposition leader, he had consistently espoused democratic principles, and the virtues of a free press in particular, including open access to the Internet.

But stability is the order of the day in Thailand, and pragmatism a defining character in its fractious politics. No longer an oppositionist, the new prime minister has had to temper democratic affirmations with policy statements that prioritize stability and national reconciliation—and implicitly, cooperation with the military and the establishment—over all else, at least for the short term.

By year’s end, therefore, Abhisit felt compelled to stress that defending the monarchy will be most important to his government. His newly appointed Information and Communication (ICT) Minister, Ranongrak Suwanchawee, said that she herself will make Internet censorship her top priority—she announced that the ICT had in fact already blocked 2,300 websites in Thailand; another 400 sites are awaiting court orders for their restriction—and put her direction specifically in the context of a need to defend the royal institution.

Watching the Internet

A new watchdog organization was thus launched in Thailand towards the end of 2008—the Thai Netizens Network—with the objective of protecting the access to, and free expression on, the Internet. Apart from the broad interpretations of what could constitute lese majeste in the country, the founders of TNN are also troubled by the Computer Crimes Act enacted in 2007, and whose broad provisions had been invoked in the blocking and closure of many websites in 2008.

The sensitivity by which lese majeste and online speech is being handled signals that the larger considerations that impact on press freedom and free expression in Thailand have not gone away, and they remain vulnerable to the political considerations, as well as personalities, of the country’s leaders.

In this environment, self-censorship will remain a given in many media outlets. Blogs and popular aggregators or web-based media such as Prachatai.com often receive “requests” from government and/or military officials to pull down commentary from their sites that are deemed disrespectful to Thailand’s popular and revered King Bhumibol Adulyadej. Prachatai.com acknowledges that it often complies with such requests. The December 6-12 issue of the British newsmagazine, "The Economist", was “voluntarily” withheld by its distributors because it featured articles questioning the role of the monarchy in the recent political crises. Meanwhile, lese majeste cases continue to hang over the BBC’s correspondent in Bangkok, Jonathan Head, for stories that inquire about the role or influence of the Thai monarchy to Thailand’s recent coups and political crises.

Violence

Outside of lese majeste, the Thai media in 2008 had to contend with violence against journalists and inner struggles to maintain their independence. Continuing uncertainties in the political climate have tempted or pressured media outlets to take sides, and even as journalists have struggled to remain neutral, they have literally been roughed up by all sides in deeply polarizing political events.

In 2008, reporters covering Parliament complained of harassment and threats from irate administration politicians. The People's Alliance for Democracy (PAD) which spearheaded the demonstrations against Thaksin’s forces, overran a government TV station in August. The Thai Journalists Association, a founding member of SEAPA, condemned the act, and the PAD apologized, but the tensions and harassment against the press only escalated from there. PAD enforcers in the airport routinely harassed reporters to pressure them to write favorable stories about the demonstrators. Several journalists and photographers were also physically and verbally abused. PAD guards, armed with firearms, shot a TV van in the airport vicinity. Meanwhile, unidentified suspects on board small boats attacked with guns and grenades the head office of ASTV, the satellite service provider owned by one of the PAD leaders. Pro-Thaksin supporters, on the other hand, laid siege on the Chiang Mai office of Thai Public Broadcasting Service (TPBS). A mob lynched the father of the station manager.

Even away from the political crisis, there were other troubling attacks on members of the media.

The threat of defamation remained in 2008, highlighted by a 1.2-billion-baht suit brought against a columnist by international retail giant Tesco Lotus. The writer apologized and the charges were dropped, but not before reaffirming the chilling powers of Thailand’s defamation laws.

Meanwhile, there was a spate of killings of journalists, signaling the return of a phenomenon that had not been seen in Thailand for years. Athiwat Chaiyanura of "Matichon" and Channel 7 in Nakhon Sri Thammarat province was shot dead in his house in August. The following month, Jareuk Rangcharoen, another "Matichon" reporter for Suphanburi province was shot while he was driving home from work. Chalee Boonsawat, of "Thai Rath" newspaper reporter for Narathiwat province was killed in a bomb explosion in Sungai Kolok town in August, while Phadung Wannalak, reporter of ModernNINE TV was seriously injured.

Reform

As a sector, the Thai media in 2008 lobbied government to prioritize reforms in the broadcasting sector, to ensure the independence of a new broadcasting commission, as well as to further liberalize the airwaves currently monopolized by the state and the military. They also sought to safeguard and strengthen a national experiment on public broadcasting—an experiment that they accused former Prime Minister Samak Sundaravej and PM Office’s Minister Jakrapob Penkair of trying to reverse.

Meanwhile, the media continues to hold on to earlier reform laws, passed in 2007, which promise to safeguard media ownership independent of political interests.

Current PM Abhisit has pledged to see to the Thai media’s campaigns for media reform. But how his government’s stability or vulnerability to Thai political forces impact on the overall media environment remains to be seen.

CAMBODIA: Stronger government, more vulnerable press

CAMBODIA: Stronger government, more vulnerable press

For a more detailed country-by-country report, please click on the following link: YEAREND REPORT 2008

The media situation in Cambodia palpably deteriorated in the runup to the July 27, 2008 elections, with the overall atmosphere marked by violence, and highlighting continuing questions about the environment for press freedom beyond the political season.

Journalist Khim Sambo of “Moneakseka Khmer” newspaper was shot dead on July 12 by still-unknown gunmen. Sambo’s son, Khat Sarin Pheata, was also killed. The Cambodian media saw the murders as a warning to their sector. Earlier, Sambo’s superior, Dam Sith, was jailed for a week for allegedly defaming Cambodian Foreign Minister Hor Nam Hong.

Also, in the early part of the year, a local journalist, Khuon Phlaivy, survived a slay attempt. He had received death threats earlier.

Too powerful

For all the violence, however, it was still the elections that served as a portent of the larger issues that confronted the media in 2008, and that will continue to hang over the heads of the country’s journalists.

Prime Minister Hun Sen and his party, the Cambodian People’s Party (CPP), handily won the elections. They managed to secure more than two-thirds of the National Assembly seats.

The opposition Sam Rainsy Party has been trying to bargain for a power-sharing scheme, but with the CPP holding 90 of 123 seats, there is little leverage in the National Assembly to ensure that a system of checks and balances is in place.

This has gotten the media and human rights groups on edge. The main challenge confronting Cambodian media is a pending bill in parliament with provisions aimed at curbing the activities of local and international non-government organizations operating in Cambodia. Saying terrorists might use NGOs as fronts to penetrate Cambodia, Prime Minister Hun Sen has thrown his full support behind the bill, and backed by a super majority, he is poised to pass legislation that could further dampen the press freedom situation in the country.

Dubious laws, weak courts

Cambodia currently has two Press Laws, the first being the one adopted in 1993 under the UNTAC and the second in 1994 adopted by the National Assembly. Both laws have provisions aimed at curtailing press freedom and hindering the work of journalists. These provisions include Articles 12 and 20 of the Press Law that vaguely define offenses deemed harmful to national security. This ambiguity enables judges and authorities to prosecute members of the media unjustly. The UNTAC law’s Article 62 also has vague provisions against “disinformation”, another matter that can too easily render journalists and their sources vulnerable to unjust prosecution.

Beyond weaknesses and traps in the law, the judiciary itself cannot be expected to remedy such dangers. The judicial branch of government is seen as politicized and inclined towards the whims of the executive branch. Corruption is also widespread, and there are inconsistencies in the way judgments are passed, particularly on matters of political sensitivity, including issues of rights and liberties.

The Internet

New media offers some crucial room for public discussions. Though the Internet penetration rate is only 0.5% of the population, or 40,000 out of the seven million adult population, Cambodia is noted for a burgeoning community of bloggers. Here though, there are also new dangers. The government is now considering how to extend rules governing traditional media, so as to make them apply to online media and platforms as well.

The Ministry of Information is drafting legislation that allows existing print regulations to govern other media, including the Internet, but vows not to curtail press freedom.

The Ministry of Information wants to extend existing libel, defamation and ethics rules applying to print and broadcasting media to web-based platforms.

Officials insist that such proposals are not intended to impact on freedom of the press. Still, control of the Internet recently became an issue when several government officials suggested shutting down a website by Cambodian-American artist Reahu, whose depictions of semi-nude Apsaras were claimed to degrade Cambodian culture.

The Cambodian Association for the Protection of Journalists (CAPJ), a SEAPA partner, says it is troubled by the Cambodian government's plan to regulate the Internet through the enactment of a law by late 2009. CAPJ appealed to the government to put the plan on hold. The group stressed that “since the Internet became available in 1997, it has been serving the public well despite the absence of laws governing it. Furthermore, no major incidents involving the Internet which caused negative consequences to Cambodian society has taken place.”

With the prospect of the new regulation, CAPJ President Um Sarin said: "It seems the government is applying autocratic rules to control everything about communication. We worry that this law would be used as a tool to control and clamp down on bloggers who harshly criticize the government and we appeal for the government to reconsider its current plan."

The State of the Press in Southeast Asia in 2008

The State of the Press in Southeast Asia in 2008
18 January 2009
Source: Southeast Asian Press Alliance (SEAPA)

Looking back, looking ahead: Press Freedom in Southeast Asia. The months ahead will hold much peril and uncertainty for members of the press in Southeast Asia.

The years 2009 and 2010 will be highly charged, for starters, anticipating national election seasons for most countries in the region. Even without the chaos and violence attendant to electoral exercises in countries like Indonesia, the Philippines, Cambodia, Thailand, and Burma, the unpredictability of the contests and the inevitability of uncertainty will give the region's journalists not only compelling stories and issues to follow, but also dangerous times and situations to navigate.

The coming months will also be a crucial period for ASEAN itself—in particular with respect to how the regional body proves and demonstrates the value of a new charter that came into force in December 2008.

Beyond rules of membership and ASEAN's vision for single free trade area by 2015, the ASEAN Charter affirms that among others, one of ASEAN's purposes is "to strengthen democracy, enhance good governance and the rule of law, and to promote and protect human rights and fundamental freedoms..." The Charter's outline of Principles emphasizes the need for "adherence to the rule of law, good governance, the principles of democracy and constitutional government" as well as for the community's "respect for fundamental freedoms, the promotion and protection of human rights, and the promotion of social justice."

Article 14 of the ASEAN Charter goes as far as to commit that "ASEAN shall establish an ASEAN human rights body."

The mechanisms of such a body, however, have yet to be spelt out and finalized. Indeed, analysts and critics of the Charter stress that the stated principles and purposes relating to human rights and democracy must be weighed against ASEAN's historical emphasis on "non-interference" and on its tradition of moving by consensus. The region's press, meanwhile, must note for itself: "press freedom" is not even mentioned in the Charter, nor, for that matter, "free expression".

How it all plays out for press freedom, therefore, is uncertain.

To be sure, 2008 saw a lot of promise for change on this front. Or "promises", at least. Singapore promised to relax its Films Act. Laos introduced a new media law that promised to allow more private sector participation in its state-dominated media landscape. East Timor promised to decriminalize defamation. The Philippine Supreme Court didn't quite decriminalize libel, but it essentially encouraged lower courts to ignore options to imprison journalists over defamation. Meanwhile, sea changes in the political environments of Malaysia and Thailand have caused people to assume that changes in the environments for media and press freedom.

But assumptions are one thing. How it all actually falls into place—or falls apart—must yet be seen. For all the above promises, after all, little has actually changed in the laws that govern the media in Southeast Asia.

Indeed, if anything defines the media situation in Southeast Asia, it is the larger political considerations of the region's governments and political powers. Upcoming elections are but one factor that pulls for the status quo. From East Timor to Thailand, the agenda of recapturing "stability" is overwhelming, and in 2008, it was often used to rationalize a low prioritization—and even a sacrifice of—the press freedom agenda.

Looking back on the year that was, therefore, is crucial to anticipating and understanding how much journalists will be allowed to do their job in 2009 and beyond.

For a more detailed country-by-country report, please click on the following link: YEAREND REPORT 2008

Internet communications would be under control

Cambodia drafts law to regulate internet strictly [-What can it do to overseas websites?]

PHNOM PENH, Jan. 13 (Xinhua) -- The Cambodian Ministry of Information is drafting a law that will extend the libel, defamation and ethics rules currently governing print media to other media platforms, including Internet, national media said on Tuesday.

The law will be used to formalize content management rules so that they can be easily applied by future information ministers, the English-language daily The Phnom Penh Post quoted Information Minister Khieu Kanharith as saying.

"We are drafting the legislation in order to have a proper law to manage radio, television and other platforms," he said.

The recent explosion of media outlets of print media made the law necessary, he said, pointing to the increase in websites in recent years, as well as the growth in radio and television.

It is unknown when the draft law will be finished as much work needs to be done before it can be sent to the Council of Ministers for approval, he added.

Cambodia now has 9 aerial television channels, 60 cable channels, several satellite and Internet channels, and dozens of newspapers and magazines, according to official figures.

The number of websites remains unknown yet.

Cambodian media group opposes legislative bill that will regulate Internet

Cambodian media group opposes legislative bill that will regulate Internet

SEAPA-South East Asia Press Alliance

12 January 2009
Source: CAPJ

The following is a statement from the Cambodian Association for the Protection of Journalists (CAPJ), a SEAPA partner based in Phnom Penh:

Government attempts to regulate the Internet

The Cambodian Association for the Protection of Journalists (CAPJ) expresses its concern about the Cambodian government's plan to regulate the Internet through the enactment of a law by late 2009.
CAPJ appeals to the government to put the plan on hold temporarily and that a survey be conducted instead.

CAPJ observed that since the Internet became available in 1997, it has been serving the public well despite the absence of laws governing it. Furthermore, no major incidents involving the Internet which caused negative consequences to Cambodian society has taken place. Actually, the public has already grown accustomed to this new technology and has been enjoying freedom to utilize this latest electronic tool. With the prospect of the new regulation, CAPJ President Um Sarin said: "It seems the government
is applying autocratic rules to control everything about
communication. We worry that this law would be used as a tool to control and clamp down on bloggers who harshly criticize the government and we appeal for the government to reconsider its current plan."

CAPJ will closely watch this situation and at the same time invite donor countries as well as the local and international human rights NGOs to take appropriate action should the Cambodia government pushes through with this new regulation.

CAPJ Secretariat

For more information, contact:
Um Sarin (umsarin59@yahoo.com)
Duong Hak Samrithy (duonghak.samrithy27@gmail.com)