Judge tosses part of a lawsuit against U.K. band for gay kiss at Malaysian music festival
Members of the British band the 1975 cannot be held personally liable for losses of a Malaysian music festival that was shut down by authorities after lead singer Matty Healy kissed a male bandmate on stage, a London judge ruled Monday.
The organizer of the Good Vibes Festival is seeking 1.9 million pounds ($3.4 million Cdn) in losses after Healy criticized the country's anti-homosexuality laws and then kissed bassist Ross MacDonald at the Kuala Lumpur show in July 2023.
Footage of the kiss sparked a backlash in the predominantly Muslim country, where homosexuality is a crime punishable by up to 20 years in prison and caning. Some 2SLGBTQ+ groups also criticized the band for endangering its community and disrupting the work of activists pushing for change.
Future Sound Asia (FSA) sued The 1975 Productions LLP in the High Court over breach of contract and said its four members owed a duty of care. But the band's lawyer argued that the suit should only target the company — not the musicians.
Judge William Hansen said the claims against the band members were "bad as a matter of law and that there is no good reason why the matter should go to trial." He allowed the case to proceed against the company, but ordered FSA to pay 100,000 pounds ($179,000 Cdn) in legal costs.
WATCH | Matt Healy talks to CBC's Q about leaning in to sincerity:
Band attorney Edmund Cullen had argued the claim was an "illegitimate, artificial and incoherent" attempt "to pin liability on individuals" because FSA only had a contract with the band's company.
FSA's attorney Andrew Burns said authorities had initially refused to let the band perform because of reports about Healy's drug addiction and subsequent recovery. They relented after the band promised he would follow guidelines and regulations, he said.
When the band played the same festival in 2016, they had agreed not to swear, smoke, drink, take off clothes or talk about religion and politics on stage, Burns said.
Burns said the band deliberately provoked Malaysian authorities in 2023 by smuggling a bottle of wine on stage, and through Healy's "obscene speech" and the kiss. He said the band also performed a "second-rate set of songs" to upset the crowd.
"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.
The band was supposed to be paid 276,000 pounds ($494,000 Cdn) for a one-hour set, Burns said.
The show wasn't the first time Healy made a political statement in the name of 2SLGBTQ+ rights: he kissed a male fan at a 2019 concert in the United Arab Emirates, which outlaws same-sex sexual activity.
After the show in the Malaysian capital, the 1975 cancelled its concerts in Taiwan and Jakarta, Indonesia.
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