The arrest of Cambodian journalist Mech Dara in late September has raised concerns about press freedom, but the Ministry of Information has defended the move, stating that the charges against him are legal and unrelated to his journalism.

Dara, an investigative journalist known for exposing human trafficking and corruption, was charged with incitement to cause social unrest following a series of social media posts deemed inflammatory by Phnom Penh Municipal Court.

Dara, as confirmed by his attorney Rem Bora, has been officially charged by the court and is currently being detained at Kandal Provincial Prison awaiting trial. 

“The [proceedings] are likely to take place next week when the court resumes full operations,” Bora told The Post today, October 4.

He also mentioned that Dara’s relatives were able to visit him on October 1, providing some support as he prepares for his upcoming legal proceedings.

Dara’s arrest took place at a highway toll booth in Koh Kong province, where six vehicles, including one bearing the insignia of the Royal Gendarmerie of Cambodia, surrounded his car. 

Dara, 36, was detained after officers presented him with official documentation, although his family and legal team were unaware of his location for nearly 24 hours. 

The charges, which fall under Articles 494 and 495 of Cambodia's Criminal Code, carry a maximum sentence of two years in prison.

On October 1, the ministry issued a statement to clarify its position and confirmed that it is closely monitoring the case.

The ministry emphasised that the charges against Dara are not connected to his journalistic work but are instead tied to posts that allegedly spread false and edited images designed to incite public unrest. 

“According to the facts being charged by the court, the case of the accused Mech Dara is not a journalism-related affair, therefore associations and NGOs, as well as some other involved parties must not try to associate the case with the practice of journalism, making false and baseless claims of Cambodia’s state of the press. They should also refrain from positioning [Dara] as a champion of press freedom without justification,” the statement said.

The ministry encouraged Dara’s defence team to present evidence in court and noted that it would consider additional support for his legal defence if necessary.

In its statement, the ministry firmly rejected claims that Dara’s arrest represents a crackdown on press freedom. 

Instead, it argued that the charges against Dara relate to his violation of laws prohibiting the dissemination of false information, which is not protected under freedom of expression. 

“Falsifying information and posting inciting messages that distort the truth, slander or fabricate false information with malicious intent to ignite anger among the public, creating confusion and misconceptions, are not considered freedom of expression. If the person involved is indeed a journalist, the act of distorting facts and fabricating false information is not considered freedom of the press or freedom of publication,” said the statement.

“All violations committed outside the scope of journalism must face civil and criminal consequences as outlined in the laws and regulations in force. These abuses do not fall within the framework of freedom of the press,” it added. 

Dara’s arrest has sparked widespread concern among human rights organisations, media advocacy groups and foreign governments. 

Internationally, his arrest is seen as part of a broader crackdown on independent journalism in Cambodia.

The Australian embassy in Cambodia expressed deep concern over Dara’s arrest. In an official statement, it stressed the importance of a free and independent media, noting that it is essential for strong governance and accountability. 

“All Cambodians should be able to exercise their right to freedom of expression without fear of arrest or prosecution,” said the embassy’s October 1 statement. 

In addition to Australia, other international entities, including the US embassy in Cambodia, have voiced their disapproval of the arrest. 

“We are deeply troubled by the arrest of internationally respected journalist Mech Dara and call for his release,” the US embassy stated on October 1.  

It said that Dara, a leading voice in efforts to end human trafficking and online cyber scams in the Kingdom, was recognised with a 2023 US State Department TIP Hero award for his reporting and has long been an advocate for the freedom of expression, a right guaranteed in Cambodia’s constitution. 

“We encourage the authorities to engage with diverse voices and opinions and foster a free and independent press,” said the statement. 

“The US embassy's statement expressed that it was "deeply troubled" by the arrest of Dara, who had been honoured by US Secretary of State Antony Blinken in 2023 for his work exposing human trafficking and online scam operations in Cambodia,” according to a BBC report on October 2. 

The BBC stated that Dara, an award-winning Cambodian journalist who has previously reported for the outlet and covered extensively on human trafficking and corruption, has been arrested and charged with incitement.

Local civil society groups have also rallied in support of Dara, demanding his immediate release. A joint statement by numerous media organisations and rights groups, issued on October 1, condemned the charges as an attempt to stifle independent journalism. 

“We, the undersigned communities, media organisations and civil society groups, are calling for the immediate release of Cambodian journalist Mech Dara who was charged with incitement and sent to pretrial detention by the Phnom Penh Municipal Court on October 1, 2024,” according to the joint statement issued by rights group LICADHO on the same day. 

It added that a court prosecutor questioned Dara on the morning of October 1 and later that day, Investigating Judge Lim Sokuntheara charged the journalist with incitement for social media posts he made on September 20, 23, 26, 28 and 29.

The statement argued that Dara’s investigative work over the years, particularly in uncovering corruption and human trafficking, had made him a target of government intimidation. 

It also raised concerns about the legality of his arrest, especially the fact that his whereabouts were withheld from his family and legal team for nearly a day.

“The charges carry a maximum prison sentence of two years and are a clear attempt to silence a brave journalist whose investigative journalism has routinely called for accountability in cases of human rights violations,” said the joint statement. 

It also noted that prior to Dara’s arrest, Prey Veng provincial officials issued a statement on Facebook accusing Dara of wanting to “cause social disorder or confusion” after he posted a photo of quarrying activity at Ba Phnom. It said the provincial administration also called on the ministry to take legal action against Dara.

“We urge the Cambodian government to immediately drop the charges against Mech Dara, release him from prison and stop all forms of harassment against media organisations and journalists,” the joint statement read. 

“The arrest of Dara is a clear attempt to intimidate and silence him and other journalists in a country where press freedoms are routinely curtailed,” it added. 

The Committee to Protect Journalists (CPJ) also called for Dara’s immediate release and urged authorities to drop the criminal incitement charges against him.

CPJ senior Southeast Asia representative Shawn Crispin expressed concern over the arrest, stating that it reflects the extent to which the government is willing to suppress independent journalism. 

The ministry noted that Dara’s journalist credentials expired at the end of 2022, suggesting that his actions cannot be seen as part of legitimate journalism.

There has been no renewal request so far, neither as a member of a media outlet nor as a freelancer, according to the ministry’s statement. 

“The criminal act of an individual must not be used to assess the state of the press in Cambodia. The freedom of the press in Cambodia is not subject to any foreigners’ claims,” it added.