Major Legal Victory for Swatch as Malaysian Court Orders Return of Seized Pride Watches

KUALA LUMPUR: In a landmark ruling, Swiss watchmaker Swatch has triumphed in its legal battle against Malaysia's Home Ministry over the unlawful confiscation of 172 Pride-themed watches, which were seized last year under allegations of promoting LGBTQ values.

The Kuala Lumpur High Court, presided over by Justice Amarjeet Singh Serjit Singh, determined that the Home Ministry's actions were illegal and conducted without a warrant. The judge highlighted that the ministry imposed a ban on these watches only after seizing them, thus affirming that Swatch had not breached any laws at the time of the confiscation.

Home Minister Saifuddin Nasution affirmed the ministry's intention to comply with the court ruling, emphasizing the need to respect the legal decision to avoid any implications of contempt of court. He also mentioned the necessity of reviewing the complete court report before the watches are returned, with the High Court ordering their return within 14 days.

The seized watches, part of Swatch’s Pride collection, are valued at over RM64,795 (approximately US$14,545). While the court did not grant the RM64,795 in damages sought by Swatch, it did leave the door open for the company to claim compensation should the watches sustain damage during their unlawful seizure.

Justice Amarjeet expressed skepticism, noting a recurring issue with damaged items during enforcement actions. He remarked, "For some reason, whenever seizures are made by enforcement agencies, whatever things that are seized tend to be damaged."

The controversy began in May 2023 when the Home Ministry conducted raids across various Malaysian states, confiscating watches branded with LGBTQ-related symbols from multiple Swatch outlets located in high-end shopping centers such as Pavilion Kuala Lumpur and Mid Valley Megamall. The ministry contended that the watches were dangerous to public morality and national interests.

The seizure and subsequent ban on Swatch watches were perceived by some as politically motivated, coinciding with the Malaysian state elections in August 2023. Swatch alleged that the actions of the ministry were geared toward showcasing the minister's “Islamic” credentials for electoral gain.

Moreover, it was noted that several of the seized models had been available for sale in Malaysia for over a year prior to the raids. The Home Ministry's crackdown has raised concerns about the implications of such actions on freedom of expression and consumer rights in Malaysia.

The situation remains fluid as the ministry is considering the possibility of appealing the court decision, but no formal announcement has been made regarding this potential move.

With this ruling, the spotlight turns back to the ongoing debates surrounding LGBTQ rights in Malaysia, a country known for its conservative stance on LGBTQ issues. The outcome of this case may serve as a significant reference point for similar cases in the future, potentially igniting further discussions on the intersection of law, morality, politics, and human rights in the region.