Court hears The 1975 members should not be held individually liable for on-stage kiss at Malaysian festival

The London High Court has heard that individual members of The 1975 should not be held responsible for the cancellation of a festival in Malaysia.

Authorities shut down The Good Vibes Festival in Kuala Lumpur in July 2023 following The 1975's Matt Healy kissing a male bandmate on stage. The band was also banned from Malaysia, where the government has a strict stance against homosexuality. Same-sex activity in the Asian state is criminalised and punishable by 20 years imprisonment and caning.

The festival's organisers, Future Sound Asia, claim The 1975 Productions LLP breached their contract, that the band owed a duty of care, and are seeking £1.9 million (€2.23 million) in damages.

The band's lawyer, Edmund Cullen, said the claims were "illegitimate, artificial and incoherent." He claimed the suit against individual band members was "bizarre", as the contract was between Future Sound Asia and the band's company, not the band itself.

"The allegations of breaches of a duty of care are not breaches of a duty of care at all," he said. "They are breaches of Malaysian statutes and guidelines. That is why this claim is completely artificial against my clients."

Cullen requested that the court throw out the claim, and for it to be re-filed against the company and not the indivuals.

In written submissions, Future Sound Asia's legal representative Andrew Burns said the band "deliberately behaved in a way to challenge and provoke the Malaysian authorities."

The 1975, who were due to be paid $350,000 (roughly €335,000), were advised in their 2016 appearance at the same festival not to swear, smoke, drink, remove clothing, or talk about religion and politics.

Burns said the band "planned provocative conduct", including a "smuggled" bottle of wine on stage, a "second-rate set of songs" to "punish and upset the Malaysian audience and authorities", and an "obscene speech."

"This is also a case where 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," Burns said.

"It is therefore fair, just and reasonable for the duty of care to be imposed and for them to answer for their acts of procuring breaches of contract."

"The band should be held liable as the loss was caused by their intentional misbehaviour breaching the express assurances that were given which gave rise to their personal duties of care and their responsibility of their own personal behaviour."

The hearing, overseen by Judge William Hansen, is expected to conclude on Wednesday.