Yes.
At the very least the window should just be 6 weeks without sex (rather than the 12 months in a lot of countries at the moment) since that would eliminate the possibility of testing negative during early stages of infection.
It's wrong anyway since anyone can get HIV.
Anyone could lie and say they aren't an 'MSM' so instead the criteria should just say anyone who has had unprotected sex in the last [however many weeks] can't donate.