UK Band The 1975 Cleared of Liability in Malaysian Festival Lawsuit

A London judge has ruled that members of the British band The 1975 cannot be held personally liable for the financial losses incurred by the Good Vibes Festival in Malaysia. The festival, organized by Future Sound Asia (FSA), was abruptly shut down after lead singer Matty Healy kissed a male bandmate on stage, an act that sparked controversy in the predominantly Muslim country. FSA filed a lawsuit against The 1975 Productions LLP, claiming breach of contract and duty of care. However, the court determined that these claims were "bad as a matter of law."

The contentious incident occurred when Healy kissed bassist Ross MacDonald during their performance, criticizing Malaysia's anti-homosexuality laws. Homosexuality is illegal in Malaysia, punishable by up to 20 years in prison and caning. The band's actions provoked a backlash, leading Malaysian authorities to blacklist them. The 1975 subsequently canceled their scheduled concerts in Taiwan and Jakarta, Indonesia.

FSA sought 1.9 million pounds in damages, arguing that the band violated contractual agreements made in 2016. These agreements prohibited swearing, smoking, drinking, undressing, and discussing religion or politics on stage. Despite this, during the Good Vibes Festival performance, Healy smuggled a bottle of wine on stage and delivered what was described as an "obscene speech."

The judge's ruling emphasized that individual band members were not acting within their ordinary roles as part of the LLP when the incident occurred. Legal representative Andrew Burns noted:

"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" – Andrew Burns

The band's one-hour set was initially contracted for a payment of US$350,000. Following the controversial performance, FSA was ordered to cover 100,000 pounds in legal costs. Despite the setback, FSA maintains its position on seeking compensation for the disruption and financial impact caused by the festival's abrupt cancellation.