A London judge has thrown out a part of Future Sound Asia’s (FSA’s) lawsuit against British band, The 1975, after ruling that the latter cannot be held personally liable for the losses of Good Vibes Festival 2023 that was shut down by the Malaysian authorities.
According to a report by South China Morning Post, FSA was seeking £1.9 million (RM10.5 million) in damages after The 1975 lead singer, Matt Healy, criticised Malaysia’s anti-LGBTQ laws and kissed a male bandmate on stage during the music festival in Kuala Lumpur.
FSA sued The 1975 Productions LLP over breach of contract, adding that the 4 band members owed a duty of care. However, the band’s lawyer, Edmund Cullen, claimed that the lawsuit should only target the band’s company and not the band itself.
Cullen added that the claim against the band was an “illegitimate, artificial and incoherent” attempt “to pin liability on individuals” because FSA only held a contract with the band’s company.
FSA’s lawyer, Andrew Burns, countered that the Malaysian authorities initially refused to allow the band to perform due to Matt Healy’s alleged drug addiction and recovery process. However, the band ultimately proceeded with their performance after they promised to follow guidelines and regulations.
Burns added that when The 1975 performed at the same festival in 2016, they had agreed not to swear, smoke, drink, take off clothes or talk about religion and politics on stage. But they apparently chose to deliberately provoke the Malaysian authorities in 2023.
“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,” he said, adding that the band also smuggled a bottle of wine on stage.
Judge William Hansen decided to allow the case to proceed against the company while ordering that FSA pay the £100,000 (RM557,224) in legal costs.
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