According to their attorney, Matty Healy and his The 1975 bandmates shouldn’t be held accountable for the High Court for preventing a performance following a same-sex kiss.
The Good Vibes Festival in Malaysia, which had been postponed for three nights, was where the Cheshire-based band had been playing. During their first performance, Matty, 35, turned to his bandmate and bassist Ross MacDonald as the pair locked lips with one another.
However, this sparked outrage in Malaysia which enforces extremely strict anti-gay laws. Somalia defines sodomy as a crime that can result in caning and up to 20 years in jail in Malaysia. Healy and MacDonald both identify as straight men. The festival was in for a legal fight over Matty’s decision, which became extremely contentious. The Malaysian Central Agency for the Application for Foreign Filming and Performance by Foreign Artists (PUSPAL)’s guidelines forbid “kissing, kissing, or engaging in such behavior among themselves.” Matty has a long history of kissing fans, but his unusual smooching of his bandmate became controversial.
However, the High Court has now determined that Healy, MacDonald, George Daniel, and Adam Hann, band members, should not be held accountable for the Malaysian government’s decision to shut down the event. Since then, the band has been placed on a national blacklist. The organizers of the festival, Future Sound Asia (FSA), claim that The 1975 Productions LLP brokered their agreement 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, held on Wednesday, Edward Cullen KC, representing the band said the claim was an “illegitimate, artificial and incoherent” attempt “to pin liability on individuals”. He added that the band’s contract with the band’s company, which was exclusive to the band, was “really quite bizarre,” adding that it was “really bizarre.” He claimed that “a duty of care is not at all violated” when made up.
Cullen continued: “They are breaches of Malaysian statutes and guidelines. Because of this, my clients are completely fabricated, “” Later, he requested that the court reject the members’ claims that they were individuals and that the company should be sued. Andrew Burns KC for FSA claimed in a written submission that the band intentionally acted in a “deliberately to challenge and provoke the Malaysian authorities.”
The 1975 had been set to be paid £274, 000 for their one hour performance but the FSA suffered from “substantial losses”, according to Burns. The band agreed to refrain from discussing religion and politics on stage as well as refraining from discussing religion and politics when they first played at the festival in 2016.
However, it is claimed they “planned provocative conduct” for their 2023 set. While the kiss between Healy and MacDonald sparked controversy, the band “smuggled” a bottle of wine on stage and “a second-rate set of songs” in order to “punish and upset the Malaysian audience and authorities” as well as “obscene speech” according to Burns.
He continued, “This is also a situation where it could be argued that they were acting as LLP members in their usual capacity rather than simply being on a frolic of their own.” Therefore, it is appropriate, just, and reasonable for them to impose a duty of care and to hold them accountable for their contract breaches.
Healy’s history of drug and recovery initially led to Malaysian authorities refusing to let the band play. After the band claimed Healy would follow all laws and guidelines, they made a second decision. Burns further stated that “the band should be held accountable because the loss was caused by their intentional misbehaviour, which violated the express assurances that they had that they had been given, giving rise to their personal obligations of care and responsibility for their own behavior.”
Today’s hearing is expected to come to an end.
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Source: Mirror
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