The High Court recently made a shocking decision by ordering the government to return 172 confiscated Swatch watches, including the controversial Pride Collection, within 14 days – a rare occurrence in Malaysian legal history!
Justice Amarjeet Singh declared the Home Ministry’s seizure of the watches from 11 Swatch stores across Malaysia in May to be illegal.
The seizure came after social media backlash linking the watches to Coldplay’s support for the LGBT community.
In response, Swatch Malaysia filed a judicial review in August 2023, arguing that the watches did not qualify as a form of “publication” under the Printing Presses and Publications Act, making the seizure illegal.
The court agreed with the reasoning and pointed out that the banning order on the watches was only gazetted a few months after the seizure was made, making the seizure illegal.
Although the court did not award damages for the seized goods, it allowed Swatch to seek compensation if there was damage to the watches during the seizure.
This decision not only dealt a major blow to the Home Ministry, but also raised major questions about freedom of expression and consumer rights in Malaysia.
