The case against Malaysia’s Home Ministry sees the High Court rule in the Swiss watch maker’s favour

The Swatches deemed offensive in Malaysia. File photo: Jim Sim for SOTD

More than a year ago, Swatch took the Home Ministry of Malaysia to court for what was then considered a “judicial review” after 172 pieces of the brand’s watches were seized following a raid two months prior to Swatch’s legal pursuit. According to news reports at the time, a total of eleven shopping malls throughout Malaysia where Swatch outlets were found, including in Kuala Lumpur, were raided. The sweep took place between 13th and 15th of May 2023. The watches were found to be unsuitable for retail in Malaysia as they “bore LGBT connotations”, Swatch told CNBC. The watches appeared during Pride month and their individual colours combined seemed to suggest the chromatic theme of the Pride flag. The ministry defended their action, saying that the timepieces were “suspected to be in breach of” Printing Presses and Publications Act (PPPA) of 1984.

The High Court in Kuala Lumpur asserted that the Home Ministry’s raid of Swatch stores last year and the confiscation of those watches were conducted without written certification of approval. “So in the instant case, the search was made without warrant and the search is illegal, and therefore any seizures made as stated in notices of seizure is illegal,” the Malay Mail quoted the judge saying. He also took into consideration that the now-dubbed “Pride watches” were banned only after they were taken away by the ministry. That indicated Swatch did not break any law at the time the raids were conducted. The judge instructed that the seized timepieces to be “returned within 14 days of the date of this order.” When Swatch filed the judicial review in July last year, it wanted the watches back in 5 days. It has now taken more than a year.

Home Minister, Saifuddin Nasution, when asked by local reporters if appeal is on the cards, said the government will wait for the court’s full judgment before determining whether to appeal or not. In the mean time, they would comply with the court’s order as disregarding the decision would “amount to contempt of court”. The Swatch watches, when returned and found to be working, would not be sold in Malaysia. They may not even be permitted to be held in Swatch’s storage facility. Those watches were banned after the raid, and the ban still stands. It was published in the Federal Gazette as part of the printing law that covers distribution and possession of those watches. Anyone could face a jail term of up to three years or a fine of RM20,000 (about S$5,900), or both if found to be in possession of the said Swatches. The government had expressed concerns about the detriment to the nation’s morality if such products were available for sale and personal ownership.