Malaysian court orders return of seized Swatch rainbow watches
A Malaysian court has ordered local authorities to return dozens of Swatch watches in rainbow colours seized last year. The 172 watches, worth a total of around $14,000 (less than CHF 12,500), were seized from Swatch shops across Malaysia in May 2023.
At the time, an official explained that the watches had been seized because they bore the acronym “LGBT” and represented the six colours synonymous worldwide with the rainbow flag of LGBT pride movement. The government of Malaysia, where homosexuality is outlawed and LGBT people face widespread discrimination, subsequently banned the rainbow-themed Swatch watches, warning that owners or sellers could face up to three years in prison. The authorities had claimed that the watches “could harm… the nation’s interests by promoting, supporting and normalising the LGBTQ movement which is not accepted by the general public”. In its complaint challenging the seizure, Swatch explained …
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The Malaysia High Court ordered the Home Ministry to return 172 Swatch-branded watches valued at over RM64,000 within 14 days to Swatch Group (Malaysia) Sendirian Berhad (limited company) on Monday.
The Swatch watches — part of the company’s Pride collection associated with the lesbian, gay, bisexual, and transgender (LGBT) rights movement — had been confiscated earlier this year by the Ministry. Swatch Group (Malaysia) Sdn Bhd had argued that the confiscation violated its rights as a business entity, asserting that the Ministry acted without proper legal authority and targeted the Pride collection unfairly.
The Ministry justified the seizure in the court proceedings by claiming that the designs promoted elements that could threaten public morality and security, aligning with Malaysia’s conservative social and cultural values. In Malaysia, homosexuality is criminalized under sections 377A and 377B of the Penal Code, which prohibit “carnal intercourse against the order of nature.” These laws criminalize both same-sex sexual acts and consensual homosexual relationships, with penalties including imprisonment of up to 20 years and caning.
The ruling underscores the entitlement of individuals and entities to due process, emphasizing that the right to freedom of expression and protection from undue governmental interference should be respected. By ordering the return of the watches, the court highlighted the need to uphold the rights and autonomy of individuals in cases involving complex social or cultural matters.
Relatedly, Human Rights Watch has called for the decriminalization of same-sex conduct and gender diversity in Malaysia. In the 2022 report, the group revealed that the government has funded conversion practices for LGBT people and “fostered a hostile climate” against sexual minorities in the country.
The Swatch Group has not commented on the decision of the High Court. The Ministry of Home Affairs has not yet announced whether they will appeal the High Court decision.
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International and Comparative SOGIESC Law - Professor Andreas R Ziegler 