Malaysian government ordered to return seized LGBTQ+ watches

A Malaysian court has mandated that the government return 172 rainbow-coloured watches that were confiscated from watchmaker Swatch last year. The government stated it seized the watches from the Swiss company because they contained “LGBT elements.” In Muslim-majority Malaysia, homosexuality is illegal and punishable by up to 20 years in prison.

However, according to ‘BBC’, the court ruled that the government did not possess a warrant for the seizure, and the law prohibiting the sale of these watches was enacted only afterward, rendering the confiscation unlawful.

Malaysia’s Home Affairs Minister Saifuddin Nasution Ismail mentioned that the government’s legal team would need to “examine the basis of the judgment” before determining whether to appeal the order. He emphasised the importance of respecting the decision, stating that failing to do so could be perceived as contempt of court. Ismail indicated that the ministry might appeal the ruling but would first need to conduct a thorough examination of the judgment.

Authorities raided Swatch stores throughout Malaysia in May 2023, but a prohibition on selling the watches was not issued until August 2023. The court concluded that Swatch had not committed any offence at the time of the seizure.

While the watches, valued at $14,000 (£10,700), have been returned, the prohibition order remains in effect, preventing their sale. The authorities are required to return the items within 14 days, as stated by government prosecutor Mohammad Sallehuddin Md Ali during proceedings in Kuala Lumpur High Court today.

Swatch initiated legal action against the seizure in June 2023, contending that the product was “not in any way capable of causing any disruption to public order or morality or any violations of the law.”

Homosexuality is prohibited under both secular and religious laws in Malaysia. Swatch characterised the Pride flag as a “symbol of humanity that speaks for all genders and races,” but the Malaysian government claimed that the acronym “LGBTQ” was present on the watches themselves at the time of confiscation.

The Swiss manufacturer asserted that the company's reputation had been harmed and that its business suffered due to the seizures. Malaysian authorities argued that the watches “may harm... the interests of the nation by promoting, supporting and normalizing the LGBTQ+ movement, which is not accepted by the general public.”

The Swatch Group has chosen not to comment on the matter.