Cambodian ICT Masterplan 2020 5. Legal Framework 5.1 Introduction Recent achievements in the Cambodian telecommunications market are not the fruits of adequate government policies and regulations backed by powerful systems. They are rather attributable to the extremely intense competition in the market triggered, ironically, by a lack of regulations. Despite the increased number of subscribers in the telecommunications market, Cambodia is still vulnerable in terms of laws and regulations that have a great impact on long-term market growth and social development. According to the WEF’ Global Information Technology Report 2009-2010, Cambodia was ranked at 118th among 133 countries with regard to the index of the laws relating to ICT. Its ranking has steadily moved up and finally reached 89th in 2013. However, the ranking would have been significantly higher, if a number of ICT-related acts such as the Telecommunications Law and Radio Communication Law that the Cambodian government had proposed have been legislated and enacted. Cambodia currently operates under the law passed in 1996 that mainly deals with postal services. It also operates under Sub-Decree No.5 of 1987, which allows it to be both a regulator and a participant of the market. The following are ICT policies and related laws that are still in draft form or are still pending in the Cambodian legislature or executive agencies: - National ICT policy by NiDA (MPTC) - Telecommunications Law by MPTC - e-Commerce Law by MOC - Radio Communication Law by MPTC - Law on the Copyrights and Related Rights by MOC, MoI, and MCFA - Cybercrime Law by NiDA (MPTC) In pursuing the informatization of the public sector, the major obstacles include resistance from public officials and conflicts within and between relevant government agencies and public institutions over priorities and implementation processes. To overcome these obstacles, strong leadership that drives government-wide cooperation and supply strategies based on demand are required. 16