Malaysia’s Ban on LGBTQ+ Swatch Watches Condemned as Unlawful and Unconstitutional
Lawyers for Liberty have strongly criticized the Malaysian government’s recent prohibition order against LGBTQ+ themed Swatch watches, labelling it as unlawful, unconstitutional, and intolerant. The director of the lawyer group, Zaid Malek, argued that the order, which cited concerns over morality, represents a gross violation of personal freedom and freedom of expression.
Malek condemned the prohibition order for criminalizing both the publication by Swatch and the ownership of any LGBTQ+ related items. He also questioned the timing of the order, which coincides with upcoming state elections, suggesting it may be a strategic move to appease conservative voters. Lawyers for Liberty urged the government to retract the order immediately, emphasizing the importance of upholding freedom of expression as guaranteed by Article 10(1)(a) of the Constitution.
While restrictions on freedom of expression can be permissible based on grounds of public order or morality, Malek contended that the ban on Swatch watches with LGBTQ+ designs is arbitrary, disproportionate, and therefore unconstitutional. The prohibition order, issued by Home Minister Datuk Seri Saifuddin Nasution Ismail under the Printing Presses and Publications Act, carries a penalty of up to three years in prison or a fine of RM20,000 (‘$4,800’), or both.
In May, the Home Ministry conducted raids on 16 Swatch stores in Malaysia, confiscating 172 watches worth RM64,795 (‘$15,489’). In response, the Swatch Group (Malaysia) Sdn Bhd filed a lawsuit through a judicial review application at the High Court in Kuala Lumpur on June 24.
Malaysia’s ban on LGBTQ+ Swatch watches has drawn extensive criticism, with many asserting that it infringes upon fundamental rights and amounts to state-sanctioned discrimination. The issue has sparked debate over the limits of freedom of expression and the government’s role in regulating personal choices. As the legal battle continues, it remains to be seen whether the Malaysian government will reconsider its prohibition order and safeguard the principles of inclusivity and freedom enshrined in the country’s constitution.
