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Malaysia

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 ($2.4 million) 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 LGBTQ+ groups also criticized the band for endangering its community and disrupting the work of activists pushing for change.

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Future Sound Asia 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 ($126,000) in legal costs.

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 $350,000 (276,000 pounds) for a one-hour set, Burns said.

The show wasn’t the first time Healy made a political statement in the name of LGBTQ+ 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 canceled its concerts in Taiwan and Jakarta, Indonesia.

The Malaysian government has blacklisted the band.

This article was originally published by the Associated Press.

An attorney for The 1975 says frontman Matt Healy and his bandmates cannot be held responsible for the cancellation of the July 2023 Good Vibes Festival in Kuala Lumpur, which was shut down by authorities after Healy kissed one of his male bandmates on stage, violating the country’s ban on same-sex relationships. As a result […]

A year after pulling the plug on their festival early after The 1975 singer Matty Healy slammed Malaysia‘s anti-LGBTQ laws as “f–king ridiculous” before sharing a long kiss with bassist Ross MacDonald, Kuala Lumpur’s Good Vibes Festival has announced its return.

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The two-day event at Resorts World Awana in Genting Highlands will take place on July 20-21, Joji and Russ headlining the first night, along with a lineup featuring Alec Benjamin, Haven, Peach Pit, Ylona Garcia, Cherry Bomb, Spooky Wet Dreams, Bad Habits and more.

The second day will be topped by J Balvin, who will be joined by Peggy Gou, Bibi, Henry Moodie, Tiger JK & Yoon Mi Rae, Forceparkbois, Talitha, Capt’n Trips and the Kid and more. Tickets for the festival go on sale at 11 a.m. on Friday (May 10) here.

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Future Sound Asia’s director of entertainment, Wan Alman, spoke to the NME about the event’s return, declining to comment on The 1975 due to ongoing legal action against the group while emphasizing that the festival is not banned and will return this year. “To be honest, this year has really been one of the most challenging festivals to plan – and not for the reasons you might think. It’s not really anything to do with what happened last year, but this year has been an especially challenging time for festivals around the world in general,” Alman said, citing the cancellation of Australia’s Splendour in the Grass and what he claimed were lineup backlashes facing other festivals.

“It’s been really tough booking acts for festivals all around the world. Not everyone will get a great line-up like Coachella or Splendour, and when you don’t get a great line-up, people don’t buy tickets,” he added. “I think a major cause of this is that artist fees have skyrocketed. I think it’s going to be unsustainable but it’s just getting higher and higher every year.”

Despite cancelling the second and third days of last year’s event over Healy’s comments, Alman said the Malaysian government was “quite supportive” of this year’s return. “They want to work with us hand-in-hand to make sure that that sort of thing doesn’t happen again and that the live music industry and the festival industry isn’t adversely affected by what happened,” he said. The festival has been working with local authorities to come up with a standard operating procedure to deal with a similar incident in the future.

And though he said the 1975 dust-up did not inform their booking choices this year, Alman stressed that the decade-old festival did more due diligence this time to make sure the acts they slotted were “not controversial.” That said, event organizers do have a “kill switch” they can enact that immediately cuts off audio, video and stage lighting should there be another incident, something Alman called “the very last resort.”

See the full lineup for the 2024 Good Vibes festival below.

Organizers of the Good Vibes Festival in Kuala Lumpur, Malaysia, tell Billboard that the controversy surrounding The 1975’s performance at the festival, during which lead singer Matty Healy insulted the government and kissed a bandmate on stage, has left the festival in financial ruin and could limit future concerts in the country for years to come.
The claim is the latest in the fallout from Healy’s protest and the heavy-handed decision by the country’s communications and digital ministry to cancel the remainder of the festival while also banning Healy from playing in the country in the future. Malaysia places very restrictive rules on foreign artists performing in the country, and Healy’s manager “had acknowledged in writing that Matt Healy would adhere to all local guidelines and regulations” prior to his performance Friday, says Wan Alman, whose company, Future Sound Asia, has promoted the festival for more than 10 years. Alman adds that “artists are briefed on the guidelines before the event.”

Alman confirmed that Future Sound Asia is considering pursuing legal action against the band, as the cancellation led to heavy losses for the promoter. The company likely already paid out artist deposits for the entire festival and might soon be required to issue refunds to fans, depending on an outcome of an investigation by the Malaysian government. Festival organizers might be able to make a legal claim against the band, explained Tim Epstein, a leading attorney for independent festivals in North America, depending on the language of the contract between the band and the promoter.

Specifically, Epstein said he would look to see how the contract deals with potential instances of unlawful behavior and what, if any, language dealt with local guidelines and regulations around speech. He said he would also want to confirm where the talent agreement designated that legal disputes be heard; most contracts defer disputes to U.S. courts. Finally, Epstein said the festival’s event cancellation policy could offset any damages, depending on the language in the policy. While government intervention is typically covered under a policy’s “force majeure” language, the Good Vibes Festival’s specific policy might include other provisions that make collecting difficult.

The 1975 incident has cast a negative light on Malaysia — and documents obtained by Billboard show that foreign artists playing in the country must agree to guidelines that include a ban on men wearing shorts on stage, prohibitions on women “wearing clothes that expose the chest area or that are too high above the knees” and strict rules prohibiting “entertaining or mingling with the audience at any time.”

In order to invite foreign artists into the country, promoters must complete the Communication and Digital Ministry’s Application for Filming and Performance by Foreign Artistes — a 40-page document outlining how artists are allowed to dress on stage and what they aren’t allowed to say about the government.

According to Amnesty International, in Malaysia it is illegal to protest the government, dress in drag or possess films or movies deemed to have LGBTQ+ elements. Much of the country’s criminal code is enforced through imprisonment with access to a court hearing, public flogging and, up until last year, the death penalty, which is currently banned under moratorium.

Neither The 1975’s agent, Matt Baum with Primary Talent — which represents the band in Asia — nor its manager, Jamie Osborne, would comment for this article.

An agent familiar with international bookings who did not want to speak on the record tells Billboard that the number of countries run by repressive regimes that host concerts is still relatively small, and it’s typically the promoter’s job to explain the rules to the band booked for a show.

That can be a double-edged sword, the agent explains, noting that the festival promoter “also may not want to be overly open about it for fear of discouraging people from playing.”

In many cases, the promoter does their best to balance the artist’s own right to expression while also being careful not to anger the host government.

“The 1975 shouldn’t have played there if they feel so strongly but I understand how they got to where they are,” the agent said.

Since opening the country to concerts by foreign artists in 2000, the Malaysian government has required visitors to adhere to a fairly restrictive code of conduct. Among other things, it requires modest attire and a ban on “provocative acts” like kissing a member of the opposite sex in front of a live audience.

The rules were updated in March by Malaysia’s communications and digital minister, Fahmi Fadzil, to include bans on cross-dressing on stage and “criticizing any government agency charged with upholding the law.”

Also banned under the guidelines are women’s clothes with “high slits, and clothes that are too tight or figure-hugging,” as well as a general ban on “performing in a wild manner, provocatively and displaying actions that are contrary to the performance code of ethics.” Other no-nos include “performing actions or making utterances that may be deemed as seditious” and “entertaining or mingling with the audience at any time.”

While some LGBTQ+ activists accused Healy of cynically protesting homophobia in the country for attention, others said it’s the government’s heavy-handed decision to cancel the festival over a same-sex kiss that deserves condemnation.

The controversy over LGBTQ+ rights and freedom of expression in Malaysia won’t likely go away any time soon. Coldplay is set to perform at the country’s Bukit Jalil National Stadium in November for a show promoted by Live Nation, which is also expected to produce a concert for the group Lany in the country in August.