Malaysian Court Orders Government to Return Seized Swatch Watches

A Malaysian judicial body has directed the nation’s government to give back 172 rainbow-coloured watches that were confiscated from the watchmaker Swatch last year. The government had stated its reason for taking the timepieces from the Swiss company was their display of “LGBT elements.” In Muslim-majority Malaysia, homosexuality is against the law and carries a penalty of up to 20 years in prison. Nevertheless, a court determined that the government lacked a warrant for the confiscation of these items, and a statute prohibiting their sale was enacted only at a later date, rendering the seizure unlawful. Saifuddin Nasution Ismail, Malaysia’s Home Affairs minister, indicated that the government’s legal team would need to “examine the basis of the judgement” before making a decision on whether to appeal the order. He affirmed that the government “must respect the decision, or else it would be viewed as contempt of court.” He further elaborated that his ministry might appeal the ruling but must first “examine the basis of the judgement thoroughly.” Authorities conducted raids on Swatch outlets across Malaysia in May 2023; however, an official directive banning the sale of the watches was not issued until August 2023. Consequently, the court concluded that Swatch had not committed an offense at the moment of the seizure. Despite this, the prohibition order remains in effect, meaning that while the watches, valued at $14,000 (£10,700), have been returned, they cannot be sold. Government prosecutor Mohammad Sallehuddin Md Ali informed the Kuala Lumpur High Court today that the authorities are required to return the items within 14 days. Swatch initiated legal proceedings to challenge the seizure in June 2023, asserting that the product was “not in any way capable of causing any disruption to public order or morality or any violations of the law.” In Malaysia, homosexuality is illegal under both secular and religious statutes. Swatch characterized the Pride flag as a “symbol of humanity that speaks for all genders and races.” However, at the time of the confiscation, the Malaysian government alleged that the acronym “LGBTQ” was visible on the watches themselves. The Swiss manufacturer contended that the company’s reputation had been harmed and its business had suffered following the seizures. Malaysian authorities maintained that the watches “may harm… the interests of the nation by promoting, supporting and normalising the LGBTQ+ movement that is not accepted by the general public.” The Swatch Group declined to provide a comment.