The police spent 80 minutes recording a statement from DAP lawmaker Tony Pua on a video recording that allegedly contains defamatory remarks against Prime Minister Najib Abdul Razak.

After being grilled at the Bukit Aman federal police headquarters, the Petaling Jaya Utara MP was taken out in a police vehicle, about 11.40am.

When reporters rushed to the vehicle and quizzed him, the MP for Petaling Jaya Utara said the police wanted his mobile phone.

Pua's lawyer Lim Lip Eng said his client was escorted to his office in Petaling Jaya.

"The investigation officer said before they get the phone, he will be put under police custody. But my interpretation is that Pua is under arrest," Lim said.

However, Lim believes the police will not be seeking a remand order.

Police insist on having phone

According to Lim, he explained that police need not to confiscate his phone due to the alleged defaming video, recorded through the Facebook Live application, was stored online and not on the phone.

He said that the police were not convinced with this explanation.

"So if you understand (Facebook Live), the recording was not kept on the phone. It is all over the internet on Facebook's server, either in the US or Singapore.

"There is nothing in the phone. Facebook Live is come and go... We tried to explain this to the investigation officer, (but) he did not understand. He is under instructions to get the phone," said Lim.

Lim said that the investigation officer did not reveal who lodged the police report, but could say with certainty that it was not Najib.

It is understood that Pua is being investigated under Section 500 of the Penal Code, which relates to criminal defamation. If convicted, Pua can be jailed for up to two years, fined, or both.

The video in question was published on Pua's Facebook page, shortly after PAS president Abdul Hadi Awang tabled a motion to amend the Syariah Courts (Criminal Jurisdiction) Act 1965.

Najib had previously initiated a defamation suit against Pua over the video.