The 1975 tried to place the blame for the cancelation of the 2023 Good Vibes festival in Malaysia on festival organizers in an ongoing legal battle over an onstage kiss between Matty Healy and bassist Ross MacDonald that prompted the Malaysian government to end the festival early.
The English band argued that they didn’t know the kiss would lead to the festival being canceled in a defense filed last month in the U.K. High Court that was just made public (via Law360). Instead, the 1975’s lawyers argued that festival organizers, Future Sounds Asia, should’ve known the band’s history of supporting LGBTQ rights onstage and that by booking the group, they “voluntarily accepted” the possible consequences, including a revoked permit.
During the 2023 Good Vibes festival in Kuala Lumpur, Healy spoke out against Malaysia’s strict laws against same-sex relationships, then kissed McDonald. The 1975’s set was not only cut short, but the Malaysian government stepped in to cancel the rest of the three-day event (it was allowed to return this year).
Future Sounds, in response, demanded the band fork over £2 million in damages before officially filing a lawsuit in the U.K. this summer. They argued that the 1975 was well aware of rules prohibiting comments about politics and religion onstage, as well as other behaviors, like drinking alcohol, swearing, or taking off clothing. Healy was accused of breaking these rules not only with the kiss and his statements about Malaysia’s anti-LGBTQ laws, but also allegedly drinking a bottle of wine that had been placed onstage.
In the defense, the 1975’s lawyers said the band was well-known for being “outspoken supporters of LGBTQ rights” and “provocative advocates of challenges to accepted to social norms.” It mentioned previous protests the band had staged, including two in countries with similarly strict anti-LGBTQ laws: During a 2019 performance in Dubai, Healy kissed a male fan on the lips, while that same year, they unfurled a pride flag during a show in Russia. (The defense also referenced a show in Alabama, ostensibly referring to a gig where Healy spoke out against the state’s abortion ban.)
The defense stated that, before Good Vibes, “no performance by the band had been interrupted or curtailed by event organizers or local authorities because of the nature or content of the show or the on-stage conduct of any member of the band.” It also “denied… that the revocation of the license for Good Vibes 2023 was a foreseeable consequence of any conduct of the band members.”
While the defense did acknowledge that the kiss happened, they said it was not planned ahead of time (only that Healy got MacDonald’s consent before kissing him). They also said that the bottle of wine Healy drank was put on the stage as a prop, but it did not contain any alcohol.
Lawyers for Future Sounds told Law360, “There is nothing in the pleading which has altered their view that the defendants are liable for the significant losses suffered by [Future Sound] as a result of the defendants’ unacceptable behavior at the Good Vibes Festival 2023, which caused the cancelation of the second and third days of the festival.”
Lawyers for the 1975 did not immediately return Rolling Stone’s request for comment.