In re: CPP v Ranariddh

Theary Seng

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The Cambodian People's Party (CPP) has filed a law suit against Prince Norodom Ranariddh, the Funcinpec President, alleging that he made defamatory statements against Prime Minister Hun Sen of being involved in the killing of pro-Funcinpec radio journalist Chuor Chetharith. Funcinpec has since counter-sued. As a Khmer-American attorney with bar membership in New York, I would like to highlight the basic elements of defamation law as practiced in the US, but with principles of fairness and justice that apply to this case.

Should the court find that the CPP has established these three necessary elements of defamation, Prince Ranariddh is not left without defenses. Truth is a complete defense to a charge of defamation. Prince Ranariddh could argue, yes, even if he did make the defamatory statement causing injury to Mr Hun Sen's reputation, nonetheless, what he said is true.

 Moreover, freedom of speech is a defense, in order to deter frivolous defamation lawsuits to chill public discourse. As a public figure, Mr Hun Sen has the added burden not only to show objectively that a "reasonable person", ie, an average Cambodian, knew or should have known that his statement linking Mr Hun Sen to the journalist's death was false, but also to prove that Prince Ranariddh maliciously made the statement with a reckless disregard for the truth. Again, as a public official, Mr Hun Sen must show defendant's actual malice with convincing clarity.

 As this is a matter of public concern, it is Mr Hun Sen's burden to prove the falsity of Prince Ranariddh's alleged statement.

 Another defense gives Prince Ranariddh a qualified privilege to the defamatory statement if it was made at a proper occasion, from a proper motive, and based on reasonable and probable cause.

Relatedly, Prince Ranariddh can argue that his right to petition for grievance privileges him against defamation charges. This defense takes the following line of argument: the well-known pro-Funcinpec stance of journalist Chuor Chetharith has given Prince Ranariddh, the President of Funcinpec, the right to petition Mr Hun Sen for redress of grievances. In doing so, the law absolutely protects him from defamation.

Again, my comments are based on English legal traditions and precedents, but the aforementioned legal principles nonetheless can work to supplement the less-developed, still evolving Franco-Khmer laws on this issue.

(It should be noted that the defense of political immunity is outside of defamation. If Prince Ranariddh has political immunity, the charge of defamation should not have surfaced in the first instance.)

 Phnom Penh Post, Issue 12/25, December 5 - 18, 2003