Swatch Malaysia permitted to challenge Home Ministry for seizure of watches

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Malaysia’s High Court has granted Swatch Malaysia the ability to challenge the Home Ministry for seizing its ‘rainbow’ themed watches in May this year.

According to media reports, leave to commence judicial review proceedings against the government was granted by High Court Judge Amarjeet Singh after there were no objections from the AGC to the watchmaker’s application. According to AFP, Swatch’s lawyer, Nizam Bashir told the news agency that the court is expected to schedule a hearing on 6 September 2023.

Don't miss: Malaysia doubles down on anti-queer laws, bans all Swatch products with LGBTQ+ elements

The news of Swatch being raided by the home ministry initially made headlines in May, when the Swiss watchmaker said that Malaysian authorities had confiscated 172 rainbow-coloured watches worth a total of US$14,000 from its Pride collection for LGBTQ connotations. It reported that Malaysia's Ministry of Home Affairs raided various outlets across eleven different malls and confiscated watches that came in the colours of the rainbow. Malaysia is known for criminalising same-sex relationships with punishments including caning and jail time.

The Malaysian Home Ministry claimed that it only confiscated watches with the letters ‘LGBTQ’ inscribed on the timepiece. Swatch Malaysia countered this claim by stating that watches which were in pride colours without the lettering were confiscated as well. A spokesperson went on to add that six of the colours that were confiscated were from the new 2023 rainbow flag-inspired collection while the other three were from the previous collection, insinuating that there could have been misinformation in the exact details of the items.

Swatch initially filed a lawsuit against the Malaysian government in July, in response to which Malaysia’s Home Ministry banned all Swatch products which contained elements pertaining to the LGBTQ+ community, on boxes, wrappers or accessories. The ban was gazetted under the ‘Printing Presses and Publications (Prohibition of Undesirable Publications) Order 2023. The Malaysian Federal Legislation stated in an official filing that the “printing, importation, production, reproduction, publishing, sale, issue, circulation, distribution or possession of any publication which is likely to be prejudicial to morality is absolutely prohibited throughout Malaysia.”

Shortly after the incident, Swatch’s CEO, Nick Hayek Jr said that the company strongly contests that the collection of watches using rainbow colours and having a message of peace and love could be harmful to anyone. “On the contrary, Swatch always gives a positive message of joy of life,” he added. The brand is standing its ground regarding its values despite being attacked for it in the public eye and unfortunately, lost the legal battle.

Malaysia has been in the news for its anti-queer laws more so than ever now after The 1975's set at Good Vibes Festival was cancelled for it. At the festival, The 1975's lead singer, Matty Healy, went on an anti-government rant and kissed his male bandmate on stage in direct protest against Malaysia’s laws against homosexuality. Following Healy’s actions, the GVF 2023 came to an abrupt halt and the festival was cancelled.

The band was recently served a seven-day notice by Future Sound Asia (FSA), the organisers behind Good Vibes Festival 2023 (GVF 2023) to pay over RM12.3 million in damages over a recent controversy at the event, according to a statement from FSA.

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