Those Who Own Swatch LGBTQ+ Watches in Malaysia Could Face Up To 3 Years’ Jail

In May, the government’s raid and seizure of Swatch’s Lesbian, Gay, Bisexual, Transgender, Queer and Plus (LGBTQ+)-themed rainbow watches became a hot topic. The news hit international headlines and the Swatch Group (Malaysia) Sdn Bhd filed a lawsuit in response via a judicial review application at the High Court in Kuala Lumpur. Three months on, the issue over the watches has surfaced again as the Home Ministry has officially banned all elements of LGBTQ+ on Swiss watchmaker Swatch’s timepieces and accessories as of 10 August.

The Home Ministry issued a statement that it has gazetted a ban on “any publications related to Lesbian, Gay, Bisexual, Transgender, Queer and + Plus (LGBTQ+) in any form appearing on Swatch watches of any collection including boxes, wrappers, accessories, or any other related items.”

The prohibition order was made on 9 August by Home Minister Datuk Seri Saifuddin Nasution Ismail via his powers under Section 7 of the Printing Presses and Publications Act 1984 (PPPA).

The statement declared that the act of any individual who prints, imports, produces, reproduces, publishes, sells, issues, circulates, distributes, or possesses for such purposes the prohibited Swatch items is highly prohibited in Malaysia and the said individual would be committing an offence.

The Home Ministry said in the statement that the “Malaysian government was committed to preventing the spread of elements that are prejudicial to or may be prejudicial to the morality, public interest, and country amongst the public”.

“In this matter, that publication was imposed with the Prohibition Order as it is a publication that is prejudicial or may be prejudicial to morality, public interest, and national interest by promoting, supporting, and normalising the LGBTQ+ movement which is not accepted by the general public in Malaysia,” the statement further read.

The penalty, upon conviction is a maximum three-year prison term or a maximum RM20,000 fine or both, based on Section 8(2) of the Printing Presses and Publications Act.

Legal Activists Have Condemned the Prohibition Order

Lawyers for Liberty, a Malaysian human rights and law reform NGO have declared the prohibition order to be “unlawful, unconstitutional, and intolerant,” as reported by Malay Mail.

The group’s director Zaid Malek said, “This is an unlawful and unconstitutional order criminalising not only the publication by the Swatch company but also making it a criminal offence for anyone now owning any Swatch-related LGBT items. It is also insufferable nannying and intolerance from a government that is supposed to be led by ‘reformists’.”

As the state elections are to be held on 12 August, Malek commented, “With the state elections in a few days, this appears to be yet another ploy to garner votes from the Malay conservatives. As such, we urge the government to withdraw the prohibition order under the PPPA effective immediately and to uphold its duty to protect freedom of expression under our constitution.”

Malek elaborated that Article 10(1)(a) of the Constitution guarantees the right to freedom of expression, shielding individuals from criminalisation for sharing LGBT-related content through various mediums.

While Article 10(2)(a) permits limitations on the grounds of public order or morality, he argued that such restrictions should remain within reasonable bounds, “The order banning the Swatch watches over a particular design supposedly related to LGBT is arbitrary and disproportionate, and hence unconstitutional.”

Image credit: facebook.com/saifuddin.nasution, Swatch