Individual members of The 1975 should not be held personally responsible for Malaysian authorities shutting down a music festival after an on-stage same-sex kiss, a court has heard.
A furore erupted after singer Matty Healy kissed his bandmate, bassist Ross MacDonald, at the Good Vibes Festival in Kuala Lumpur in July 2023.
The festival then closed on the first of what was to be a three-night run, with the Malaysian government slamming Mr Healy for his conduct.
Homosexuality is a crime in Malaysia, punishable by caning and up to 20 years in prison.
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.
In a hearing on Wednesday in the High Court, Edmund Cullen KC, for the band, described the claim as an “illegitimate, artificial and incoherent” attempt “to pin liability on individuals”.
He said it was “really quite bizarre” that the individual members should be held liable as FSA had a contract with the band’s company only.
He continued: “The allegations of breaches of a duty of care are not breaches of a duty of care at all.
“They are breaches of Malaysian statutes and guidelines. That is why this claim is completely artificial against my clients.”
He asked the court to strike out the claim against the band members as individuals and for it to proceed against the company only.
In written submissions, Andrew Burns KC, for FSA, said the band “deliberately behaved in a way to challenge and provoke the Malaysian authorities”.
It led to significant publicity for The 1975, who were due to be paid 350,000 dollars (£274,000) for a one-hour performance, while FSA suffered “substantial losses”, Mr Burns said.
The 1975 first played the festival in 2016 and agreed at the time not to swear, smoke, drink, take off clothes or talk about religion and politics on stage, but “planned provocative conduct” in 2023.
In addition to the kiss, this included a “smuggled” bottle of wine on stage, a “second-rate set of songs” to “punish and upset the Malaysian audience and authorities” and an “obscene speech”, Mr Burns said.
He continued: “This is also a case where 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.
“It is therefore 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.”
Malaysian authorities initially refused to let the band perform amid reports about Healy’s drug addiction and his subsequent recovery but relented after the band promised Healy would adhere to all guidelines and regulations, Mr Burns added.
He said in written submissions: “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.”
The hearing before Judge William Hansen is expected to conclude on Wednesday.
