Photo credit: Sharon Alagna

A High Court in Malaysia has been told that the members of The 1975 should not be personally held accountable for the on-stage kiss that led to the cancellation of a music festival NME reported. The incident occurred during the 2023 Good Vibes Festival in Malaysia when frontman Matty Healy and bassist Ross MacDonald used their performance as a platform to kiss each other.

In Malaysia, homosexuality is considered a criminal act, with penalties of up to 20 years in prison. During their set in Kuala Lumpur, Healy also delivered a speech criticizing the Malaysian government’s stringent policies on gay rights.

“I don’t see the point of inviting The 1975 to a country and then telling us who we can have sex with,” Healy stated. “I apologize if this offends you and you’re religious and it’s part of your damn government, but your government is a bunch of idiots, and I don’t care anymore. If you push, I will push back.” 

Following the incident, the remainder of the festival was cancelled, and The 1975 were banned from performing in Malaysia. They also faced a class action lawsuit from local artists and vendors due to the festival’s abrupt end. Additionally, Healy’s actions sparked division among fans, and some suggested that his behavior could worsen the situation for the LGBTQ+ community in Malaysia.

In the summer of 2023, it was reported that the band was being sued for $2.4 million (£1.9 million) by the festival organizers, Future Sound Asia (FSA). The lawsuit claimed that The 1975 Productions LLP had violated their contract and that the individual band members were guilty of breaching a duty of care. During a recent High Court hearing, the band’s lawyer, Edmund Cullen, referred to the lawsuit as an “illegitimate, artificial and incoherent” effort to “assign blame to individuals.”

In response, Andrew Burns, representing FSA, argued that the band members “deliberately acted in a way to challenge and provoke the Malaysian authorities,” leading to “substantial losses” for the festival. Burns also pointed out that when the band first performed in Malaysia in 2016, they agreed not to swear, drink, smoke, undress, or discuss religion and politics on stage.

In addition to the kiss, Burns accused the band of “smuggling” a bottle of wine onto the stage and delivering a “subpar set of songs” in an effort to “punish and upset the Malaysian audience and authorities.” He argued that the band should be held responsible for the losses caused by their intentional misconduct, which violated explicit assurances and led to their personal duty of care regarding their behavior.

The hearing is expected to conclude February 19. In September 2024, the band discussed the incident and stated they did not anticipate their actions would result in the cancellation of the rest of the festival. Since then, the Malaysian government has implemented a new rule requiring concert organizers to have a “kill switch” in place to stop performances that violate guidelines.