The 1975 'can't be individually responsible' for gig closure after Matty kissed bandmate

The 1975 were performing at The Good Vibes Festival in Malaysia when Matty Healy turned to his bandmate Ross MacDonald as the pair kissed each other

A judge has ruled that The 1975 band members can't be held liable as individuals for the closure of a Malaysian festival. It comes after Matty Healy kissed his bandmate Ross MacDonald while on stage.

The Good Vibes Festival in Kuala Lumpur closed on the first of what was to be three nights in July 2023, with the Malaysian government criticising Healy’s conduct and blacklisting the band from the country. Homosexuality is a crime in Malaysia, punishable by up to 20 years in prison and caning.

In a High Court legal claim, Future Sound Asia (FSA), the festival organisers, said The 1975 Productions LLP breached their contract and that the four band members owed a duty of care. In a ruling on Monday, Judge William Hansen said there was “no real prospect” of establishing that the band members owed a duty of care to FSA.

In a ruling on Monday, Judge William Hansen said there was “no real prospect” of establishing that the band members owed a duty of care to FSA. In a written judgment, he said: “It would not be fair, just and reasonable to impose a duty of care, where the substance of the duty is alleged to have been a requirement to comply with the PUSPAL guidelines and/or Malaysian laws in circumstances where (the band members) are not alleged to have known of their content.”

PUSPAL is a set of Malaysian government guidelines for foreign artists filming or performing in the country. FSA will be allowed to continue its claim against the band as a company and is seeking £1.9 million in damages. A previous hearing in London was told that the band had to leave the country the day after their performance, for which they were due to be paid 350,000 US dollars (£274,000).

In written submissions for the hearing earlier this month, Andrew Burns KC, for FSA, said the band “deliberately behaved in a way to challenge and provoke the Malaysian authorities”, stating it was “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”.

But Edmund Cullen KC, for the band, described the claim as an “illegitimate, artificial and incoherent” attempt “to pin liability on individuals”. In his ruling, Judge Hansen said that Healy was said to have drunk a bottle of wine and smoked cigarettes on stage before appearing to vomit or spit as well as deliberately damaging a drone belonging to FSA’s videographer, before kissing bassist Ross MacDonald.

He also gave a “profanity-laden speech to the audience”, Judge Hansen said, in which Healy was quoted as saying: “I do not see the point of inviting the 1975 to a country and then telling us who we can have sex with. Unfortunately, you don’t get a set of loads of uplifting songs because I’m f****** furious and that’s not fair on you because you’re not representative of your government.

“I’ll take your money, you can ban me, but I’ve done this before and it doesn’t feel good, and I’m f***** off.” FSA was also ordered to pay £100,000 in costs. The Cheshire-based hit band were performing at The Good Vibes Festival in Malaysia which was closed down on the first of three nights. During their first performance, controversial singer Matty, 35, turned to his bandmate and bassist Ross MacDonald as the pair smooched one another.

His move sparked outrage in Malaysia which enforces extremely strict anti-gay laws. Malaysia defines sodomy - which they consider LGBTQ+ relations - to be a crime and can be punishable with up to 20 years in prison, as well as caning. Both Matty and Ross identify as straight men.

Matty's move became highly controversial and raised legal concerns for the festival. Guidelines from the Malaysia Central Agency for the Application for Foreign Filming and Performance by Foreign Artistes (PUSPAL) imposed a ban on "kissing, kissing a member of the audience or carrying out such actions among themselves." While Matty has a long history of kissing fans, his unusual move to smooch his bandmate turned controversial.

The band have since been blacklisted from the country. Future Sound Asia (FSA), the festival organisers, claim The 1975 Productions LLP breached their contract and that the four band members owed a duty of care. The company is seeking damages of £1.9 million in losses.

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