LFL: Don't play nanny by banning Swatch watches

 

Lawyers for Liberty has condemned the prohibition order issued by the Home Ministry yesterday against "all publications related to the LGBT on Swatch watches, collection and accessories" as unlawful and unconstitutional.

As such, LFL director Zaid Malek urged the government to withdraw the ban, imposed under the Printing Presses and Publications Act 1984, which also criminalises ownership of the banned material.

Zaid said the ban, imposed because the watches were "likely to be prejudicial to morality", is excessive and should be challenged in court.

"It is also insufferable nannying and intolerance from a government that is supposed to be led by ‘reformists’," he said in a statement.

He said the ban is unlawful because it goes against Article 10(1)(a) of the Federal Constitution which protects freedom of expression.

Lawyers for Liberty director Zaid Malek

Article 10(2)(a) allows restrictions on the grounds of public order or morality, so any ban should be within this ambit, he argued.

"Hence, one cannot be criminalised for publishing images or words related to LGBT in whatever form they choose," he said.

"The order banning the Swatch watches over a particular design supposedly related to LGBT is arbitrary and disproportionate, and hence unconstitutional."

Zaid added the government has a responsibility not only to protect those who disagree with products related to the LGBT community, but also to those who have no problems with it.

"It is wholly unlawful and immoral for the government to only consider what is perceived to be the majority’s sense of morality to dictate its policies and actions," he said.

He added that powers to restrict freedom of speech should only be used to combat ideologies which are "undeniably harmful such as terrorism or calling for violence".

Instead, the ban, which took place during state elections campaigning, was instituted to pander to "Malay conservative" voters, he said.

‘Clearly discriminatory’

Earlier, lawyer New Sin Yew said the ban meant the raids against the Swatch outlets in May were illegal.

Some 172 items from the Swiss brand’s Pride Collection - which comprises watches in various shades of the rainbow - also adopted as a symbol of the LGBT community, were seized in the raids.

LGBT rights group Justice for Sisters co-founder Thilaga Sulathireh also said the grounds for actions are “clearly discriminatory” and the state must explain how the watches are a threat to public interest and morality.

Swatch Group has since taken the Malaysian government to court to challenge the nationwide raid and seizure. - Mkini