Matty Healy and his The 1975 bandmates shouldn’t be responsible for authorities stopping a performance after a same-sex kiss, their lawyer has told the High Court.

The Cheshire-based band had been performing at The Good Vibes Festival in Malaysia which was closed down on the first of three nights. 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. Malaysia defines sodomy – which they consider LGBTQ+ relations – to be a crime and can be punishable with up to 20 years in prison, as well as caning. Both Healy and MacDonald identify as straight men. Matty’s move became highly controversial and raised legal concerns for the festival. Guidelines from the Malaysia Central Agency for the Application for Foreign Filming and Performance by Foreign Artistes (PUSPAL) imposed a ban on “kissing, kissing a member of the audience or carrying out such actions among themselves.” While Matty has a long history of kissing fans, his unusual move to smooch his bandmate turned controversial.

But the High Court has now heard that individual members of the band, Healy, MacDonald, George Daniel and Adam Hann, should not be held responsible for Malaysian authorities shutting down the gig. The band have since been blacklisted from the country. Future Sound Asia (FSA), the festival organisers, claim The 1975 Productions LLP breached their contract 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 it was “really quite bizarre” that the band should be held liable as FSA had a contract with the band’s company and only the company. “The allegations of breaches of a duty of care are not breaches of a duty of care at all,” he said.

Cullen continued: “They are breaches of Malaysian statutes and guidelines. That is why this claim is completely artificial against my clients.” He later asked the court to strike out the claim against the members as individuals and to pursue action against the company. In a written submission, Andrew Burns KC for FSA claimed the band “deliberately behaved in a way 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 first played at the festival in 2016 and agreed that they wouldn’t swear, smoke, drink or take their clothes off – as well as refraining from discussing religion and politics on stage.

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 went on to say: “This is also a case where 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. It is therefore fair, just and reasonable for the duty of care to be imposed and for them to answer for their acts of procuring breaches of contract.”

Authorities in Malaysia had initially refused to let the band perform due to Healy’s history with drugs and recovery. However, they backtracked on this decision after the band stated that Healy would adhere to all regulations and guidelines. Burns added: “The band should be held liable as the loss was caused by their intentional misbehaviour breaching the express assurances that were given which gave rise to their personal duties of care and their responsibility for their own personal behaviour.”

The hearing is expected to conclude today.

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