The Malaysia High Court has directed the Home Ministry to return 172 Swatch-branded watches, valued at over RM64,000, back to Swatch Group (Malaysia) Sendirian Berhad within 14 days. The High Court’s decision comes after the watches, part of Swatch’s Pride collection, were confiscated earlier this year by the Ministry on grounds related to public morality and security.
The Swatch Pride collection is associated with the LGBT rights movement. Following the seizure, Swatch Group (Malaysia) Sdn Bhd contended that the action violated its rights, arguing the confiscation lacked proper legal grounds and unfairly targeted this specific collection.
In legal proceedings, the Ministry defended its actions by asserting that the designs could threaten Malaysia’s conservative social and cultural values. Homosexuality remains criminalized under Malaysia’s Penal Code, specifically sections 377A and 377B, which penalize same-sex sexual acts and relationships.
The High Court’s ruling emphasizes the protection of freedom of expression and due process, stressing the significance of upholding individual and business rights against undue government interference, particularly in matters encompassing complex social or cultural issues.
This case has drawn attention from international human rights organizations. In a related context, Human Rights Watch has criticized Malaysia’s stance on LGBT issues, urging decriminalization of same-sex relationships and gender diversity, highlighting government-endorsed conversion therapies and hostile climates against sexual minorities.
There has been no comment from the Swatch Group following the court’s decision, and the Ministry of Home Affairs has yet to indicate if it will appeal the ruling. The full text of the decision can be read here.