Explained: The case of seized LGBTQ watches that Malaysian court has ordered govt to return

Swiss watchmaker Swatch on Monday won a suit against the Malaysian government after a court ordered the return of watches and accessories that were seized last year.

The rainbow-coloured watches were confiscated due to their designs that bore LGBTQ elements.

Notably, the Muslim-majority country criminalises homosexuality and is punishable by up to 20 years in prison and caning.

Let’s take a closer look.

The confiscated watches

In May last year, Malaysian authorities raided Swatch outlets in various malls across the country.

The 172 rainbow-coloured watches — worth $14,000 (~Rs 11.80 lakh) — were seized from the Swiss watchmaker’s “Pride collection” from 16 outlets due to the presence of the acronym “LGBTQ” on the timepieces.

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While some watches came with rainbow colours on their straps, others had a choice of six single colours that correlate to the gay pride flag.

The government in August later prohibited any LGBTQ references on Swatch watches, boxes, wrappers, accessories or other items, saying such products may harm morality and public interest.

The ban was made part of a printing law that includes distribution and possession. Anyone found with one could be jailed for up to three years or face a fine.

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Swatch Group filed a lawsuit challenging the seizure in June 2023, saying it was illegal and damaged its reputation. The company described the Pride flag as a “symbol of humanity that speaks for all genders and races.”

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The court’s order

The Kuala Lumpur High Court ruled on Monday that the watches were seized illegally without a warrant, the Bernarma national news agency said.

The court ordered the watches to be returned within 14 days and said Swatch could demand compensation if the watches were damaged.

The court ruled that an order prohibiting the sale of the watches was issued after the raids were conducted, and thus, Swatch had not committed an offence at the time.

Swatch officials have declined to comment on the decision.

Home Minister Saifuddin Nasution Ismail said the government respected the court’s decision and would wait for the full judgement to be released before deciding whether to challenge the verdict.

According to the BBC, however, he added that his ministry may appeal against the ruling but must first “examine the basis of the judgement thoroughly.”

The watches are unlikely to be sold in Malaysia as the government’s prohibition order has not been overturned.

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Not the first time

In October 2022, police raided an LGBTQ-friendly Halloween party in the capital’s Chinatown, arresting 20 Muslim men for cross-dressing, as per Al Jazeera.

In July 2023, the government cancelled the Good Vibes music festival in Kuala Lumpur after Matty Healy, the lead singer of British rock band ‘The 1975’ kissed one of his male bandmates onstage. They even blacklisted the band from the country.

The organisers later sued Healy and sought $2.5 million for breach of contract and losses. In its lawsuit, Future Sound Asia (FSA) said the band, who previously performed at the festival in 2016, had been reminded that performance rules included no swearing, smoking, drinking alcohol, talking about politics and religion, or indecent action such as kissing, according to Jakarta Globe.

Last month, Satyanarayana Prasad Papoli, a 70-year-old Indian man and 66-year-old Arthur Wang from Taiwan were fined over $1,000 by a Malaysian court for obscenity after he took part in a fundraiser for children suffering from cerebral palsy wearing clothes reflecting “support” for the LGBTQ community.

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Homosexuality in Malaysia

The Muslim-majority country criminalises same-sex relationships, with punishments ranging from caning under Islamic laws to 20 years in prison for sodomy under colonial-era civil laws.

Prime Minister Anwar Ibrahim, who came into power two years ago on a progressive campaign, has said LGBTQ rights will not be recognised by his administration.

His government has banned books for “promoting the LGBTQ lifestyle,” and detained demonstrators expressing support for queer rights.

According to Reuters, some analysts say Anwar’s uncompromising stance on LGBTQ rights stems from a desire to wipe out doubts about his own sexuality, which surfaced after he was jailed for nearly a decade for sodomy.

The Prime Minister has repeatedly said the charges were fabricated and politically motivated.

However, rights groups have warned of growing intolerance toward the lesbian, gay, bisexual, transgender and queer (LGBTQ) community in the Southeast Asian country.

Last year, there were reports of online harassment and death threats against queer Malaysians on social media and undercover police attending LGBTQ-friendly events.

According to Reuters, the LGBTQ advocacy group, Justice for Sisters, is receiving more queries from LGBTQ Malaysians seeking asylum in other countries as the community is also increasingly adopting self-censorship to stay under the radar.

With inputs from agencies