8-8-2023 (KUALA LUMPUR) The organisers of Malaysia’s Good Vibes Festival, Future Sound Asia (FSA), have given British pop rock band The 1975 a seven-day ultimatum to accept responsibility for the event’s cancellation and pay damages of RM12.3 million (US$2.7 million). The festival was shut down by the Malaysian government following an incident involving the band last month.
In response to an inquiry from CNA, David Mathew, the lawyer representing FSA, stated on Tuesday that their claim against The 1975 is based on intentional breach of contract. He pointed out that the band failed to comply with the assurance that they would adhere to local guidelines and regulations during their performance in Malaysia.
“The band’s actions in Malaysia clearly violated the contract with Future Sound Asia, leading to the cancellation of the festival and causing significant losses,” said Mr Mathew.
According to a statement released on Monday, if The 1975 fails to acknowledge their liability and compensate FSA for the damages incurred, legal proceedings will be pursued in the Courts of England. FSA also expressed strong disapproval of the band’s behavior during their performance, citing lead singer Matthew Timothy Healy’s use of abusive language, equipment damage, and indecent stage behavior as breaches of local guidelines and Malaysian laws. The 10-year-old festival’s reputation has been tarnished as a result.
CNA reached out to the band’s representative for comments on the legal demands. On July 21, the band’s frontman, popularly known as Matty Healy, kissed bassist Ross MacDonald on stage after criticizing the Malaysian government’s stance against homosexuality in a profanity-laden speech to the festival audience. The next day, Communications Minister Fahmi Fadzil instructed the organizers to cancel the remaining two days of the three-day festival.
FSA stated in their release that the band’s actions intentionally contravened their agreement for the festival performance. This breach resulted in significant financial losses for FSA and negatively impacted local artists and businesses that relied on the festival’s success, affecting the livelihoods of many Malaysians.
A lawyer consulted by CNA stated that although the cancellation of the Good Vibes Festival was initiated by the Malaysian government, it will not affect the potential lawsuit against The 1975. However, it may impact the amount of damages awarded to FSA for the breach of the pre-show written assurance.
“The basis for the intended lawsuit is the breach of the pre-show written assurance between The 1975, or its representative, and FSA,” explained litigation lawyer Joshua Wu Kai-Ming. He also noted that The 1975’s return to the UK and their current tour schedule do not influence the chances of the lawsuit, although the legal proceedings may be delayed if the band is not present in the UK to receive the court papers.
This marks the second legal action being considered against the band. The first is a pro bono class action suit by local artists and vendors affected by the festival’s cancellation. Mathew Thomas Philip, the founder of Thomas Philip Advocates & Solicitors, announced on July 22 that a pro bono team is working on the first draft of the class action lawsuit. Following a town hall meeting with the affected vendors and artists, Mr Philip called on The 1975 to refund the substantial fee they were paid.
“The irony is that many of us in the room, in some way, funded the substantial fee that was paid to The 1975, which they happily took, only to deliberately breach their assurances and cause misery for us. I invite The 1975 to refund that substantial fee without admitting liability if necessary, so we can use that money to compensate some of the victims of their conduct,” he wrote in a Facebook post.
According to Mr Fahmi, on July 24, the authorities had initially denied the festival organizers’ request to bring in The 1975 due to the band’s poor record in other countries. However, the band was later allowed to perform at the festival after providing a guarantee of responsibility for their performance. Following the incident involving The 1975, Mr Fahmi strongly condemned their actions on Twitter and arranged a meeting with the festival organizers for the next morning.
“At the end of the meeting, at 1 pm, I issued a statement and asked the organizers to cancel the rest of the concert and find a refund mechanism for those who had bought tickets,” he said at the time. Subsequently, the band announced the cancellation of their performance at the We The Fest event in Jakarta, Indonesia, as well as a show in Taiwan, which is home to a thriving LGBTQ community.
