Members of the British band The 1975 have been deemed not personally liable by a London judge for financial losses incurred by a Malaysian music festival that was prematurely closed following a controversial on-stage act by the lead singer. The incident in question occurred during the Good Vibes Festival in Kuala Lumpur, where Matty Healy, the band’s frontman, criticized Malaysia’s anti-homosexuality legislation and subsequently kissed Ross MacDonald, a fellow band member, during their July 2023 performance.
The act was met with significant backlash in Malaysia, a country where homosexuality remains illegal and punishable by extended imprisonment and caning. This incident sparked criticism from local LGBTQ+ groups who argued that such actions endangered their community and hindered activist efforts aimed at legal reform. The festival’s organizers, Future Sound Asia, sought 1.9 million pounds (approximately $2.4 million) in damages, claiming breach of contract by The 1975 Productions LLP, arguing that the band members breached their duty of care.
However, the defense lawyer for the band insisted that any legal claims should be aimed solely at the company, The 1975 Productions LLP, rather than the individual artists themselves. Judge William Hansen supported this legal argument, describing the claims as legally unfounded and unnecessary for a trial involving band members. The judge did permit the lawsuit to continue against the company itself but ordered Future Sound Asia to cover 100,000 pounds ($126,000) in legal expenses.
Edmund Cullen, representing the band, argued that Future Sound Asia’s claims were an improper attempt to hold individuals accountable when a contract existed only with the band’s corporate entity. Opposing counsel Andrew Burns highlighted that initial resistance from authorities to allow the band’s performance was due to reports of Healy’s past struggles with drug addiction. Authorities had acquiesced only after assurances that the band would adhere to performance protocols.
According to Burns, when the band previously played in Malaysia in 2016, they had conformed to regulations, avoiding swearing, consuming alcohol, undressing, or engaging in religious or political discourse on stage. Healy’s actions in 2023, which included smuggling alcohol onto the stage and making what was described as an obscene speech, along with the kiss, were seen as provocations.
Burns further alleged that the band’s performance was intentionally subpar, calling it a “second-rate set of songs” meant to provoke the audience. He argued the band acted independently of their professional duties within their corporate structure. Details emerged that the band was under contract to receive $350,000 (276,000 pounds) for their scheduled one-hour show.
The controversy over Healy’s political statements and calls for LGBTQ+ rights isn’t unprecedented. In a 2019 concert in the United Arab Emirates, Healy similarly made headlines for kissing a male fan in a region where same-sex activities are illegal. Following the Kuala Lumpur performance, The 1975 canceled additional concerts in Taiwan and Jakarta, Indonesia, and have since been blacklisted by the Malaysian government.
