Status regarding Budapest ConventionStatus : NA See legal profile
Cambodia does not yet have a national cybercrime strategy. Draft Cybercrime Law discussed since 2016 (still in discussion) is largely in line with the requirements of the Convention both in terms of substantive and procedural law.
State of cybercrime legislation
- Legislation pertaining to cybercrime has been enacted through the Criminal Code of the Kingdom of Cambodia, Art. 317 - 320 referring to the Infringement of the secrecy of correspondence and telecommunication and Art. 427 - 432 referring to Offences in information technology sector (illegal access, illegal remaining, system interference, data interference).
- Defamation and insult – these are considered a type of cybercrimes as well if committed via computer network. Article 305 of the Criminal Code defines defamation. In February 2018, the National Assembly and Senate approved amendments to the Criminal Code, introducing a new lèse-majesté offense (Article 437) that makes it illegal to defame, insult or threaten the king.
- Draft Cybercrime Law – aims to establish a National Anti-Cybercrime Committee (NACC) and includes provisions on: Illegal Access (art. 21); Data Espionage (art. 22); Illegal Interception (art. 23); Data Interference (art. 24); Unauthorized Data Transfer (art. 25); System Interference (art. 26); Child Pornography (art. 27); Contents and Websites (art. 28); Intellectual Property Right and Related Rights (art. 29); Computer Related Fraud (art. 30); Computer Related Forgery (art. 31); Misuse of Device (art. 32); Attempt (art. 33); and Mutual Legal Assistance.
Articles 427 to 429 of the Criminal Code contain offences of illegal access, system and data interference.
Currently, the Criminal Procedure Code of Cambodia contains no procedural powers corresponding to the Budapest Convention.
Related laws and regulations
- The Law on Telecommunications – Purpose includes to ensure the utilization and provision of effective, safe, quality, reliable, and affordable telecommunication infrastructure, networks and services in response to the needs of social and economic development.
- Defamation and insult offenses under the Criminal Code are used together with the Press Law 1995.
- Other legislation such as e-commerce and cybercrime is in drafting process.
- Ministry of Posts and Telecommunications
- CamCERT – National Computer Emergency Response Team
- Cybercrime Unit in the National Police department in charge of telecommunication crime
- Ministry of Justice
Facebook hacker extorting money from victims arrested
Sources and links
These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe.
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- Cybercrime website
- Template: Mutual Legal Assistance Request for subscriber information (Art. 31 Budapest Convention). English and bilingual versions available.
- Template: Data Preservation Request (Articles 29 and 30 Budapest Convention). English and bilingual versions available.