A Malaysian court has ruled that the government must return 172 rainbow-colored Swatch watches that were seized last year due to their LGBTQ+ designs. The court found the seizure unlawful, as it occurred without a warrant and before a law prohibiting their sale was enacted.

Key Takeaways

The Kuala Lumpur High Court ordered the return of 172 Swatch watches worth approximately $14,000.
The watches were seized in May 2023 for featuring "LGBT elements".
The court ruled the seizure was illegal as it lacked a warrant and occurred before relevant legislation was passed.
The Malaysian government is considering an appeal against the ruling.

Background of the Seizure

In May 2023, Malaysian authorities raided multiple Swatch stores across the country, confiscating the watches on the grounds that they promoted LGBTQ+ themes, which are illegal in Malaysia. Homosexuality is punishable by severe penalties, including imprisonment, under both civil and Islamic law.

The watches, part of Swatch's Pride collection, were described by the company as symbols of peace and love, not as endorsements of sexual activity. The government, however, argued that the watches could harm national interests by normalizing the LGBTQ+ movement, which is not accepted by the general public.

Court Ruling

The Kuala Lumpur High Court's decision came after Swatch filed a lawsuit challenging the legality of the seizure. The court found that:

The watches were taken without a search warrant.
The law prohibiting their sale was enacted only after the watches were seized.
Therefore, the seizure was deemed unlawful.

The court ordered the government to return the watches within 14 days, although they cannot be sold due to the existing prohibition.

Government's Response

Malaysian Home Affairs Minister Saifuddin Nasution Ismail stated that the government respects the court's decision but will review the judgment before deciding whether to appeal. He emphasized the importance of adhering to the court's ruling to avoid contempt of court.

Implications for Swatch

Swatch has expressed concern over the impact of the seizure on its business and reputation. The company argued that the confiscation damaged its brand and led to financial losses. The CEO of Swatch Group, Nick Hayek, criticized the government's actions, questioning whether authorities would also target natural rainbows in the sky.

Conclusion

The ruling marks a significant moment in Malaysia's ongoing struggle with LGBTQ+ rights and freedoms. While the return of the watches is a victory for Swatch, the continued prohibition on their sale highlights the challenges that LGBTQ+ individuals and allies face in a country where homosexuality remains criminalized. The government's next steps will be closely watched as they navigate the legal and social implications of this ruling.