'Gay kiss in M'sia': London judge says The 1975 members not personally liable

Summary

• A judge in London has dismissed Good Vibes Festival organiser’s lawsuit against The 1975 over a same-sex on-stage kiss that caused the event to be cancelled in 2023, saying band members are not personally liable.

• The band’s legal team asserts that only the corporate entity - not individual musicians - could be held accountable.

• Judge allows Future Sound Asia’s case against the band’s corporate entity to proceed.

A London judge has ruled that individual members of the British band The 1975 cannot be held personally responsible for the financial losses suffered by Malaysia’s Good Vibes Festival, which was cancelled after lead singer Matty Healy kissed a male bandmate on stage.

The festival’s organiser, Future Sound Asia (FSA), was seeking £1.9 million (RM10.6 million) in damages over the incident, which occurred during the band’s July 2023 performance in Kuala Lumpur.

Healy had openly criticised Malaysia’s anti-LGBTQ+ laws before kissing bassist Ross MacDonald.

Breach of contract claim

FSA filed a lawsuit against The 1975 Productions LLP, arguing the band breached its contract and had a duty of care to the event organisers.

However, the band’s legal team countered that only the corporate entity - not individual musicians - could be held accountable.

According to AFP, judge William Hansen dismissed the claims against Healy and other band members, calling them legally flawed and unfit for trial.

He did, however, allow the case against the band’s corporate entity to proceed. Additionally, he ordered FSA to pay £100,000 (RM557,977) in legal fees.

The 1975’s lawyer, Edmund Cullen, described the lawsuit as “illegitimate, artificial, and incoherent,” emphasising that the contract was exclusively between FSA and the band’s business entity.

Reluctant approval

FSA’s attorney, Andrew Burns, revealed that Malaysian authorities were initially reluctant to approve The 1975’s performance due to concerns over Healy’s past struggles with drug addiction and recovery.

Permission was ultimately granted after the band assured compliance with local regulations.

Burns also noted that when The 1975 performed at the same festival in 2016, they had agreed to abide by local restrictions, including prohibitions on profanity, smoking, drinking, undressing, and discussing religion or politics on stage.

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