Why The 1975 Is Being Sued for $2.4m Over a Concert in Malaysia

A Malaysian festival has filed a lawsuit against British band The 1975 for breach of contract and damages after lead singer Matty Healy protested against Malaysia’s anti-LGBTQ laws during a performance last July. 

The festival organizers, Future Sound Asia, filed a suit in the U.K. High Court that individually names each band member, and claims that the band’s actions led to the festival being shut down. The festival is seeking £1.9 million ($2.4 million) as a penalty for violation of performance rules. The 1975 did not respond to request for comment ahead of publication. 

While onstage, frontman Healy criticized the country’s anti-LGBTQ laws in a speech laden with profanity and kissed bassist Ross MacDonald in protest. The organizers allege that The 1975 and their team were aware of restrictions placed on performers which included prohibitions on swearing, smoking and drinking on stage, taking off clothes and talking about politics or religion and agreed to the guidelines in order to perform. 

The lawsuit, obtained by Variety, alleges that the Malaysia Central Agency for the Application for Foreign Filming and Performance by Foreign Artistes (PUSPAL) initially rejected the band’s application to perform at the festival following a 2018 article about Healy’s drug addiction and recovery, but ultimately approved the performance after the band appealed and promised Healy would adhere to “all local guidelines and regulations.”

The night before the festival, the band decided against performing at the event, the lawsuit alleges, before changing their mind and deciding to play “a completely different setlist” and “act in way[s] that were intended to breach the Guidelines” as an act of protest. 

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The lawsuit claims that the kiss between Healy and MacDonald was done “with the intention of causing offence and breaching the regulations and the terms of the agreement.”

After the kiss, PUSPAL officers ordered the band to halt their performance, the lawsuit states, alleging that Healy became “very aggressive” towards them, “swearing at them and others.” The next day, the organizer’s license was revoked and the remaining two days of the festival were canceled. 

The lawsuit states the band and their management “rushed to their hotels” to collect their luggage immediately after leaving the festival so they could exit the country as quickly as possible, knowing the performance had breached Malaysian law.

On Aug. 8 2023, Future Sound Asia issued a letter addressing a “breach of contract” on behalf of The 1975, and requested the band provide compensation for the festival’s losses following the event’s cancellation.  

The lawsuit comes as religious groups in Malaysia have continued to crack down on international performers they deem to be provocative on religious or moral grounds. In 2007, Beyoncé canceled a concert in Kuala Lumpur after Islamic groups raised concerns about her image in light of the country's strict dress code for performers. In 2013, Kesha’s concert was canceled by authorities the day before it was scheduled to take place, even after the singer agreed to self-censor her lyrics and outfits.