Posted on 1 October 2009
The Mirror, Vol. 13, No. 632
(Post by CAAI News Media)
“Phnom Penh: Many organizations and associations cooperated to hold a workshop about a network of persons and institutions to provide legal protection for journalists, where also representatives from civil society, government officials, and legal experts attended.
“The director of the Department to Defend the Poor of the Cambodian Defenders Project, Mr. Yong Phanit, said during the workshop in the morning of 28 September 2009 that the freedom of the press in Cambodia is guaranteed by the Constitution, by the press law, and by other relevant laws. Looking at the press law, it provides many kinds of rights for the press, and it speaks also about the responsibility of the press. Those rights include the right to seek information and the right to receive all kinds of information, including information controlled by the Royal Government, except for information affecting national security and public order.
“Mr. Yong Phanit added that these rights are fully guaranteed, by law, for the press. Another right is the right to keep information sources confidential. This is an absolute right of journalists by which they can keep information about sources of information confidential. Also, journalists have the right to publish information without pre-checking. Thus, when they have received information, they can publish it as they want to without checking. He added that journalists have also the right to create organizations or associations.
“He went on to say that at the same time, the law requires the journalists to be responsible for what they publish. If journalists break the law, they have to take responsibility for it. Based on the press law, the courts have the right to fine them, and the courts can also order them to publish corrections later, or to pay compensation to victims. But practically, at present, the [UNTAC time] criminal law is sometimes used to prosecute journalists who have done something which is considered to relate to articles of that law [the UNTAC criminal law], while by law, if somebody is under the control of a special law, they must be treated according to that special law, if they have violated anything under this law. Besides this, they are under the general laws like everybody else.
“Presiding over the workshop, a secretary of state of Ministry of Information, Mr. Nov Sovathero, said that, looking at the whole situation, we see that some journalists who have been jailed or fined are mostly accused of disinformation and defamation, affecting other people’s reputation. When courts requested them to provide information or documents to prove their reporting, journalists always mention the right to keep their sources of information confidential, an argument that the courts cannot accept. This is the root of the problem, and the reason for what is happening with regard to journalists in their profession life at present.
“Mr. Nov Sovathero added that journalists are really free to select the information to be published for their readers – they have to decide carefully whether to publish or not to publish something. They have to consider whom a publication would affect, or whether or not it will affect them in turn, if the information they would publish is not true.
“The aim of the workshop was to identify those who could be involved to take the responsibility for establishing a press freedom network, to promote the support for affected journalists, and to allow everybody to identify areas of problems.”
Kampuchea Thmey, Vol.8, #2059, 30.9.2009
Newspapers Appearing on the Newsstand:
Wednesday, 30 September 2009
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