The 1975’s lawyer slams ‘bizarre’ claims from Malaysian festival organisers in hearing

Legal representatives for The 1975 are seeking the dismissal of breach of contract claims from the Malaysian festival organizers Future Sound Asia (FSA) against frontman Matty Healy and his bandmates in connection to their appearance at Good Vibes Festival in 2023. During a hearing at the High Court, Edmund Cullen KC argued that the claim for which the organisers are seeking £1.9 million, or $2.4 million, “is completely artificial against my clients.”

In July 2024, Future Sound Asia followed through on its threat to sue the band after Healy criticized Malaysia’s anti-LGBTQ+ laws and kissed bassist Ross McDonald onstage at the 2023 festival. The three-day event was ultimately canceled. In August, The 1975 argued that they didn’t know that would be the outcome of the kiss and suggested the organisers “voluntarily accepted” the possible consequences of booking them, including a revoked permit, based on their previous history of supporting LGBTQ rights.

In court, Cullen argued against FSA pinning “liability on individuals,” noting that the claim was “really quite bizarre” and should only name the band’s company, with which the contract was signed. “The allegations of breaches of a duty of care are not breaches of a duty of care at all,” he stated, per The Independent. “They are breaches of Malaysian statutes and guidelines. That is why this claim is completely artificial against my clients.”

Andrew Burns KC, a representative for FSA, countered that it is “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” on the basis that the band “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 [limited liability partnership] members.”

FSA claims that The 1975 were made aware of the guidelines and prohibitions around their appearance at the festival, for which they were paid $350,000. The organisers maintain that the band agreed to abide by the rules of the event in order to have their performance application approved in the first place. “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 for their own personal behaviour,” Burns continued in a written statement.

From Rolling Stone.