Former journalist Sidek Kamiso can sue the cops for wrongful arrest, since he was detained without a warrant, as required by Section 258 of the Communications and Multimedia Act (CMA).
"He can file a civil suit for unlawful arrest and detention. If he was actually arrested without a warrant when the law requires the police to have one, then it would be unlawful," lawyer Syahredzan Johan told Malaysiakini.
Sidek was arrested in the wee hours of Monday for allegedly posting a tweet that "insulted Islam".
He had allegedly posted a tweet on PAS spiritual leader Haron Din, who died on Sept 16.
Sidek's wife Norlin Wan Musa said the police officers, who jumped the gate of their home to enter the premises, could not produce an arrest warrant when requested.
They also seized Sidek's telephone and computer, and brought him to Johor Bahru where the police report against him was lodged.
Syahredzan said the former journalist can also sue the cops for trespassing into his home.
"There are grounds for it if the (search on his house) did not go according to the law. He can also claim for damages," he said.
Section 258 of CMA allows for searches and seizures without warrant, but Syahredzan said the police must justify why they had conducted the search in such a manner.
Lawyer Andy Yong added that Sidek can also sue the police for intimidation.
Meanwhile, Lawyers for Liberty executive director Eric Paulsen said there has been too many prosecutions under the CMA.
"Malaysians and the government should come to terms with social media. You have got to take the good and the bad.
"These are just frivolous (charges), even though (these online comments) 'tak manis' (not nice), but at the end of the day, it shouldn't be considered a crime," Paulsen said.
He said this when asked whether the action taken against Sidek was excessive, compared to the RM1,900 fine slapped on former Malacca chief minister Rahim Thamby Chik for making offending comments against Selangor crown prince Tengku Amir Shah last year. -- Mkini
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