KUALA LUMPUR – A British judge has ruled that members of The 1975 cannot be held personally liable for the shutdown of a Malaysian music festival following lead singer Matty Healy’s controversial on-stage behaviour.
The Good Vibes Festival in Kuala Lumpur was cancelled on the first of its three scheduled nights in July 2023 after Healy kissed bassist Ross MacDonald during the band’s performance. The Malaysian government later criticised his actions and blacklisted the band, the Independent reported.
Festival organiser Future Sound Asia (FSA) filed a lawsuit in London’s High Court, arguing that The 1975 Productions LLP had breached its contract and that the band’s four members had a duty of care towards FSA.
However, Judge William Hansen dismissed the claim against the individual musicians, stating there was “no real prospect” of proving they owed such a duty.
“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,” he said in a written judgment.
PUSPAL, the Central Agency for Application for Filming and Performance by Foreign Artistes, is a Malaysian government body that regulates international performers and filming activities in the country.
It operates under the Communications and Digital Ministry and consists of representatives from 16 government agencies, including the Malaysian Islamic Development Department (Jakim). PUSPAL is responsible for screening and approving foreign acts to ensure they adhere to Malaysia’s laws, cultural norms, and religious sensitivities.
While the case against the band members was struck out, FSA can still pursue its claim against The 1975 as a corporate entity and is seeking £1.9mil (RM10.6mil) in damages.
A previous court hearing was told the band had been scheduled to receive $350,000 (£274,000) for their appearance but left Malaysia the day after their performance.
During legal arguments earlier this month, FSA’s barrister Andrew Burns KC claimed the band “deliberately behaved in a way to challenge and provoke the Malaysian authorities,” arguing they should be held accountable for allegedly inducing a contract breach.
However, The 1975’s lawyer, Edmund Cullen KC, dismissed the lawsuit as an “illegitimate, artificial and incoherent” effort “to pin liability on individuals.”
In his ruling, Judge Hansen outlined Healy’s behaviour on stage, which included drinking from a bottle of wine, smoking cigarettes, and appearing to either spit or vomit. He also reportedly damaged a drone belonging to an FSA videographer before launching into a “profanity-laden speech” directed at the audience.
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.”
Following the incident, Malaysia’s Communications and Digital Ministry introduced stricter measures to prevent similar disruptions at future events. Deputy Communications Minister Teo Nie Ching announced in Parliament that concert organisers would be required to implement a “kill switch” – a system allowing authorities to cut power and halt performances if necessary.
The measure is intended to ensure international artists comply with PUSPAL guidelines and respect Malaysia’s cultural and religious sensitivities. The ministry also reaffirmed that the PUSPAL committee, which oversees approvals for foreign acts, includes representatives from various government bodies, including Jakim, which provides guidance on religious matters.
The court also ordered FSA to pay £100,000 (RM556,000) in legal costs. – February 25, 2025