Swatch is suing the Malaysian government and Home Ministry officials over the confiscation of its timepieces in May, which were alleged to promote the LGBT movement in the country. In its lawsuit, the Swiss watchmaker is asking the High Court to issue an order to the Home Ministry for the return of the seized watches, as well as compensation for aggravated and exemplary damages.
According to Malay Mail, Swatch had filed the lawsuit via a judicial review application at the High Court in Kuala Lumpur on 24 June 2023. It named four respondents; the Home Minister, the ministry’s chief secretary, its enforcement division’s secretary, and the government of Malaysia. In court documents spotted by the publication, the Swiss watchmaker claimed that the ministry’s officials had acted illegally and irrationally, with procedural impropriety, and that their actions were allegedly disproportionate and for an improper purpose.
The company said 172 watches worth RM64,795 had been confiscated from 16 of its stores throughout Malaysia. It added that 143 units featured six designs that launched on 4 May 2023, while the remaining 29 consisted of three designs which had been available for sale locally since 2 June 2022.
Swatch argued that it was not given prior notice of any complaints or intended action against the watches, and was not given an opportunity to be heard before the seizures. It is demanding that the Home Ministry return all confiscated timepieces within five days of the order.
Prior to filing the lawsuit, the company had its lawyers deliver a letter to the ministry on 9 June, demanding the return of the watches but has yet to receive a response. It added that the refusal to return the products had breached its constitutional rights to livelihood and property under the Federal Constitution’s Articles 5, 8 and 13.
On the other hand, the Home Ministry had issued seizure notices stating that the confiscated watches are promoting, or featuring elements of LGBT. It reasoned that the products were in breach, or suspected to be in breach of the Printing Presses and Publications Act (PPPA) 1984. Speaking to Free Malaysia Today in late May, an anonymous source from the ministry claimed that only timepieces that contain the letters LGBTQ inscribed on the face were targeted, though photos of the raid (shown above) contradicts this.
In the court papers, Swatch argued that the involved timepieces are not a publication that can be prohibited under the PPPA, therefore the ministry had no power under the law to raid its stores and seize the watches. Additionally, the watchmaker stressed that the products did not cause any disruption to public order or morality or any violations of the law, saying that there has been no incidents or disruptions since the older designs were made available in Malaysia from June 2022. It further claimed that eight of the designs mentioned earlier do not outwardly express any indication that they are associated with Pride or any similar movement.
(Source: Malay Mail)
