Phat Hon, commonly known as Pou Hon, editor-in-chief at KH Plus News, has been sued by the president of the Kampong Cham Provincial Court for defamation. Facebook
Media analysts have expressed concerns that the Kingdom’s Press Law, introduced in 1995, appears to be overlooked when the authorities deal with journalists accused of professional misconduct or ethical violations.
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Their comments follow a lawsuit filed by Suos La, president of the Kampong Cham Provincial Court, against journalist Phat Hon, commonly known as Pou Hon on social media.
The case – which has been transferred from the Kampong Cham Provincial Court to the Phnom Penh Municipal Court – concerns Hon’s publication of information he admitted was inaccurate.
In a November 20 live stream on his Facebook page, KH Plus News, Hon discussed a land dispute in Han Chey commune, in Kampong Cham province’s Kampong Siem district.
He interviewed only one party to the dispute, who claimed that he had lost the case because the court dismissed his complaint, leading him to claim he had been victimised. Meanwhile, the opposing party stated they were the rightful winners in the case, which involved him constructing a toilet on the disputed land.
Relying on the claims of only one side, Hon made critical remarks about the court and local authorities on his live stream. On November 21, a day after the post, the provincial court issued a statement clarifying that no ruling had been made regarding the land dispute.
A spokesperson for the provincial court and the prosecutor general deemed Hon’s publication false, incomplete and containing defamatory language, classifying it as a “criminal offense”.
On November 27, court president La filed a complaint with the prosecutor at the provincial court, accusing Hon of “public defamation, insulting institutions publishing false information that tarnishes the court’s reputation, and criticising judicial decisions related to the dismissal of a protective injunction”.
On December 19, Hon appeared before the court for questioning regarding the case.
Following questioning, he admitted to journalists that he had made mistakes, apologised to the court and the parties involved, and attributed the errors to incomplete information gathering, interviewing only one party and using inappropriate language toward the court and authorities.
Nevertheless, following a December 23 decision by Minister of Justice Koeut Rith, the case has been transferred to the Phnom Penh Municipal Court.
Article 10 of the Press Law 1995 stipulates that journalists who disseminate false information with the intent to harm public figures must issue corrections and provide compensation if the court finds the publication inaccurate in a “civil case”.
In cases involving private figures, individuals can file complaints for defamation or insult if the journalist’s actions damage their honour or dignity. Journalists must then correct their publication within seven days.
However, in Hon’s case, the Kampong Cham Provincial Court initially classified the complaint as a criminal case and stated in a December 21 press release that the case “has criminal implications”.
Hon told The Post today, December 24, that he had indeed published inaccurate information based on false claims from his one-sided source.
He acknowledged his mistake and apologised before the court. As the case now moves to Phnom Penh Municipal Court, he is drafting a letter to the justice ministry, reiterating his admission of guilt and apologising for the erroneous publication.
Ministry of Information spokesperson Tep Asnarith stated on December 24 that the ministry prioritises legal protection for registered journalists who adhere to professional and ethical standards.
He explained that the ministry provides legal advice, procedural assistance and even lawyers to defend journalists when necessary.
“For journalists who commit professional misconduct within the framework of the Press Law, the Press Law shall be applied. Conversely, the law cannot protect those who disregard ethical codes or act beyond legal boundaries,” he explained.
He urged journalists to exercise caution in their work and deepen their understanding of their rights, roles and responsibilities.
Moeun Chhean Nariddh, Professor of Media at The University of Cambodia, told The Post that it is unfortunate when journalists commit professional errors and violate ethical codes. He encouraged all journalists to strictly adhere to their profession and ethics.
Regarding Hon’s case, he noted that the misconduct was not severe and suggested giving him a chance to correct his mistake and apologise. He called on the authorities to show tolerance towards professional errors by journalists, especially during a time when the importance of professionalism and ethics is being emphasised.
“To date, it is rare for the Press Law to be applied in addressing journalists’ errors. If it were used more often, almost no journalist would face imprisonment, as Article 20 of the Press Law states that no one shall be arrested or imprisoned for expressing opinions,” he said.
Nop Vy, president of the Cambodian Journalists Alliance Association (CamboJA), observed that the Press Law has never been applied in cases of journalists’ professional misconduct, with the Criminal Code being used instead.
“We see that state institutions still exert influence over journalists’ work. In some countries, independent ethics councils exist to guide and discipline journalists, avoiding reliance on state power," Vy noted.
He acknowledged the contributions of local journalists in reporting community issues and social injustices, even though their reporting does not always meet professional and ethical standards.
