High Court Considers Whether 1975 Should be Held Personally Responsible for the Kiss in Malaysia’s Spotlight

High Court Hearing in Malaysia

The high court in Malaysia heard that members of the 1975 should not bear personal responsibility for the kiss on stage, which led to the closure of the festival.

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Incident at the Good Vibes Festival

The incident took place in 2023 during the Good Vibes festival in Malaysia, when frontman Matti Hili and bassist Ross McDonald used their performance to share a kiss on stage. Homosexuality is a crime in the country, punishable by up to 20 years in prison.

During the set in Kuala Lumpur, the singer also delivered a speech addressing the Malaysian government’s tough stance on gay rights. “I do not see the point of inviting the 1975 to the country and then telling us who we can have sex with,” he stated. “I am very sorry if this offends you, and you are religious, and this is part of your government, but your government is a bunch of damn R*****s, and I don’t care. If you come, I’m going to push off.”

The rest of the festival was subsequently canceled, and after this incident, the 1975 was banned from performing in Malaysia. They also faced potential class action lawsuits from Malaysian artists and suppliers regarding the cancellation.

This situation has divided many fans, with some in the country suggesting that the actions of the band would worsen life for the LGBT+ community.

Legal Implications and Future of the Festival

Last summer, it was reported that the group was sued for $2.4 million (1.9 million pounds) by the organizers of the Future Sound Asia (FSA) festival. This lawsuit arose when the organizers claimed that the 1975 LLP violated its contract, asserting that the four members did not fulfill their obligation to leave (via Independent).

During a recent high court hearing, the band’s representative, Edmund Kallen, referred to the statement as “illegitimate, artificial, and inconsistent,” asserting that it was an attempt to “attribute responsibility to individuals.”

Kallen noted that it was “rather strange” to hold the group members accountable when the organizers had entered a contract with them, and he requested the court to dismiss claims against individual members.

In response, Andrew Burns, representing FSA, argued that the members acted “deliberately” in challenging and provoking the Malaysian authorities, resulting in “significant losses” for the festival.

Burns emphasized that the performers had agreed not to use profanity, smoke, drink, remove their clothes, or discuss religion and politics on stage since their first performance in 2016, yet they violated these terms during the 2023 event.

In addition to the kiss, Burns claimed that the band “sneaked” wine onto the stage and created a “secondary set of songs” to “offend and upset the Malaysian audience and authorities.”

“The group should be held responsible, as the losses were caused by their willful circumstantial behavior, breaching the explicit guarantees given, which obligates them to personal accountability for their actions,” he stated in a written presentation.

The hearing is expected to conclude later today (February 19).

https://www.youtube.com/watch?v=eaoc-nceh2k

In September 2024, the band discussed the incident, stating they did not anticipate that their actions would result in the festival’s cancellation. Previously, the Malaysian government announced that concert organizers must have a “kill switch” to stop performances that breach leading principles.

In May of last year, the Good Vibes festival announced its return for the 2024 edition, featuring performances by artists such as J. Balvin, Peggy GU, Joji, Bibi, and several Malaysian acts whose performances were affected by the 2023 incident.