LONDON, Feb 25 — A British court has ruled that members of the band The 1975 cannot be held personally liable for financial losses suffered by a Malaysian music festival that was shut down after lead singer Matty Healy made a political statement on stage and kissed a male bandmate.
Future Sound Asia (FSA), the organiser of Malaysia’s Good Vibes Festival, had sought £1.9 million (RM10.5 million) in damages, claiming the band breached its contract by violating local guidelines during their performance in Kuala Lumpur in July 2023.
According to the Associated Press, judge William Hansen dismissed the case against the band members, stating that the claims were legally flawed and should not proceed to trial.
The court allowed the case to continue against The 1975 Productions LLP, the band’s registered company, but ordered FSA to cover £100,000 in legal costs.
FSA had argued that Healy and the other three members of The 1975 owed a duty of care and should be held accountable for their actions, which led to the abrupt cancellation of the three-day festival.
The event was halted by Malaysian authorities after footage of Healy’s kiss with bassist Ross MacDonald circulated online, sparking backlash in the predominantly Muslim country where homosexuality is taboo.
However, the band’s lawyer, Edmund Cullen, contended that FSA’s lawsuit was an “illegitimate, artificial and incoherent” attempt to personally target the musicians when the contractual agreement was solely with the band’s company. The judge agreed, ruling that legal responsibility could not be extended to the individuals.
Malaysia’s case against The 1975
FSA’s legal team argued that the band had previously assured Malaysian authorities that they would comply with local regulations. Reports of Healy’s past drug addiction had initially raised concerns, but officials allowed the band to perform after receiving assurances of adherence to festival guidelines.
During their 2023 performance, Healy launched into a speech criticising Malaysia’s anti-LGBTQ laws before kissing MacDonald, an act seen as a direct challenge to local authorities.
The band was also accused of deliberately breaching festival rules by smuggling alcohol on stage and delivering a subpar performance to provoke the audience.
“They could be argued to have been on a frolic of their own rather than simply acting within the course of their ordinary role as LLP members,” FSA’s lawyer Andrew Burns was quoted as saying.
The incident led to The 1975 cancelling scheduled performances in Taiwan and Indonesia. The Malaysian government subsequently blacklisted the band, effectively banning them from future performances in the country.
This is not the first time Healy has made a political statement in support of LGBTQ rights. In 2019, he kissed a male fan during a concert in the United Arab Emirates, where same-sex relationships are also criminalised.
With this court ruling, FSA may still pursue its claims against the band’s company, but the musicians themselves have been legally cleared of any personal financial responsibility for the festival’s cancellation.
