Lawyer’s Perspective: Why the “Stage Kiss” Incident Should Not Hold 1975 Members Responsible
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A Kuala Lumpur festival has initiated legal action against a renowned UK band, The 1975, following an incident at their concert in July 2023 where frontman Matty Healy kissed one of his male bandmates on stage. In court proceedings held this week, the High Court heard arguments that individual members of the band should not be held liable for Malaysian authorities’ decision to cancel The Good Vibes Festival as a result.
During their performance at the festival in July 2023, Healy delivered an outspoken speech laced with profanity before kissing bass player Ross MacDonald. Malaysia maintains strict anti-LGBT laws, carrying punishments of up to 20 years imprisonment and caning for homosexuality. The festival was called off on its opening night due to this incident, leading the Malaysian government to criticize Healy’s conduct and blacklist his band from entering the country.
Festival organizers, Future Sound Asia (FSA), claim that The 1975 Productions LLP breached their contract following the event. They argue that all four band members owe a duty of care for the festival’s cancellation and are seeking damages totaling 1.9 million in “substantial losses.” During Wednesdays hearing, however, defense lawyer Edmund Cullen KC characterized FSA’s claim as “illegitimate,” stating it was an attempt to unfairly hold individuals accountable.
He stressed that FSA had a contract with the band’s company only and not directly with its members. He also argued that claims of breach of duty were actually violations of Malaysian statutes, rendering the legal action against individual band members “completely artificial.” Cullen requested that the court dismiss charges filed against individual members and proceed exclusively against The 1975 Productions LLP.
In written submissions for FSA, Andrew Burns KC contends that The 1975 deliberately planned provocative conduct to challenge Malaysian authorities. They argue that beyond Healy’s controversial speech and kiss, other elements of the band’s performance aimed at provoking Malaysia included smuggling a bottle of wine onto stage and delivering what they described as an inferior setlist meant to “punish” both audience members and officials.
The court also learned about initial hesitation by Malaysian authorities regarding the bands performance due to Healy’s past struggles with drug addiction. However, after assurances from the band that Healy would adhere strictly to local guidelines, permission was granted for their concert.
FSA maintains that The 1975 should be held accountable as their actions caused significant losses and breached express assurances given at the time of booking. They argue this justifies imposing a duty of care on all members involved in the company.
The court is expected to conclude its hearing by Wednesday, where further arguments are anticipated before making its final ruling.
