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A High Court judge has dismissed part of a lawsuit filed against The 1975 by the promoter of Malaysia’s Good Vibes Festival.
Future Sound Asia (FSA) sued the group and touring company The 1975 Productions LLP in the UK for £1.9 million (€2.3m) in “substantial losses” over the cancelled festival.
The event was scheduled to run over three days at Sepang International Circuit in July 2023 and feature performances by the likes of The Strokes, The Kid Laroi and Dermot Kennedy.
But The 1975’s opening night headline set was cut short and the remaining two days shut down by the authorities after the group’s frontman Matty Healy launched a “profanity-laden speech” against Malaysia’s strict anti-LGBT laws and kissed a male bandmate on stage.
“There is no good reason why the matter should go to trial”
FSA alleged that The 1975 Productions LLP breached its contract and the four band members were in breach of a duty of care. But Judge William Hansen ruled yesterday (24 February) that the musicians cannot be held personally liable for losses sustained.
“I have given that submission careful consideration but ultimately have concluded that the claimant’s case is bad as a matter of law and that there is no good reason why the matter should go to trial,” he said.
The group’s lawyer Edmund Cullen KCC had previously asked the court to remove the individual members from the litigation, arguing that it was “really quite bizarre” they should be held personally liable as FSA’s contract was with the band’s company, The 1975 Productions LLP, only.
The judge allowed the case against The 1975 Productions LLP to move forward, but ordered FSA to pay legal costs of £100,000 (€121,000).
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Members of The 1975 should not be held responsible for the shutdown of the 2023 Good Vibes Festival in Malaysia, according to the band’s lawyer.
The British group are being sued in the UK High Court for £1.9 million (€2.3m) in “substantial losses” by festival organiser Future Sound Asia (FSA).
The 1975 were due to be paid the equivalent of £274,000 for their July 2023 headline slot, but FSA pulled the plug seven songs into the scheduled hour-long set after the band’s frontman Matty Healy launched an “obscene speech” against the country’s strict anti-LGBT laws and kissed a male bandmate on stage.
Homosexuality is a crime in Malaysia, punishable by up to 20 years in prison.
FSA, which was ordered by the authorities to call off the rest of the three-day festival at Sepang International Circuit in the wake of the incident, alleges that The 1975 Productions LLP breached its contract and the four band members were in breach of a duty of care.
Representing the promoter, Andrew Burns KC said in written submissions that the quartet “deliberately behaved in a way to challenge and provoke the Malaysian authorities”, claiming they “planned provocative conduct” in 2023. Other allegations include that the group “smuggled” a bottle of wine on stage and delivered a “second-rate set of songs” to “punish and upset the Malaysian audience and authorities”.
“The allegations of breaches of a duty of care are not breaches of a duty of care at all”
“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,” added Burns, as per the BBC. “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.”
FSA said The 1975 and its management team had agreed to adhere to its rules for performers, adding that the band had performed at the same festival in 2016.
“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,” added Burns.
However, The 1975’s lawyer Edmund Cullen KC described the lawsuit as an “illegitimate, artificial and incoherent” attempt “to pin liability on individuals”, and asked the court to remove the band members from the litigation.
“The allegations of breaches of a duty of care are not breaches of a duty of care at all,” he said. “They are breaches of Malaysian statutes and guidelines. That is why this claim is completely artificial against my clients.”
Cullen said it was “really quite bizarre” they should be held personally liable as FSA’s contract was with the band’s company, The 1975 Productions LLP, only.
FSA announced the return of Good Vibes in May last year. However, the 2024 edition was ultimately cancelled two months later out of respect for the coronation of the king.
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Police in the Malaysian state of Selangor have temporarily suspended concert permits following the suspected drug-related deaths of four people at last month’s Pinkfish Countdown.
The casualties – aged between 20 and 40 – died after attending the New Year’s Eve festival at Surf Beach, Sunway Lagoon. All victims had drugs in their blood according to local police, with toxicology reports since referred to the University Malaya Medical Centre. Three other festivalgoers were also hospitalised.
“For now, the police are suspending the approval of any permits for concerts like this until organisers can demonstrate control and ensure such elements do not occur,” Selangor police chief Datuk Hussein Omar Khan told a press conference. “In the future, for any concert, organisers must ensure that they can prevent the entry of drugs at the event. If they fail to do so, we cannot allow it to proceed, as it may result in fatalities.”
The festival, which was curated by Hitman Solutions and Happy Moon, featured acts including Sarah Landry, Showtek, Blasterjaxx, Cosmic Gate and Nifra and attracted around 14,000 fans.
Promoters said they were “deeply saddened” by the deaths and pledged to fully cooperate with the authorities.
They also sought to “reassure the public that every precaution has been taken to ensure the safety of our events”, pointing to the presence of more than 100 police officers and the deployment of trained security personnel and K9 units.
Speaking earlier this month, Malaysian Artistes Association president Datuk Freddie Fernandez noted a similar tragedy occurred in 2014, when six people lost their lives at Future Music Festival Asia in Kuala Lumpur.
“Following the incident, several new policies were implemented, including the stipulation that EDM concerts could only be held in enclosed venues to facilitate better control,” he said, as per The Star. “Yet, such a tragedy has happened again. I am unsure about the changes in regulations that now allow concerts in open venues, which are clearly more difficult to manage.
“Losing lives due to drug abuse while enjoying music is deeply distressing. This also tarnishes the concert industry, which serves as a source of livelihood and a vital ecosystem for music practitioners.”
“How can a professional career like music… be labelled as hedonistic culture simply because of the actions of a few?”
Fernandez is calling for closer collaboration on drug awareness campaigns between event organisers and agencies, such as the National Anti-Drugs Agency.
He added: “How can a professional career like music, which is taught in universities worldwide, be labelled as hedonistic culture simply because of the actions of a few? Enjoy entertainment healthily, like engaging in sports. You can sing and dance happily without associating with drugs or a state of intoxication.”
Furthermore, the South China Morning Post reports that Selangor executive councillor Ng Suee Lim has floated the possibility of conducting urine tests on attendees, as well as installing airport-style security scanners in a bid to keep drugs out of events.
There have also been pleas for drug-testing infrastructure to be introduced in the country, similar to that deployed in other markets around the world – the recent launch of a landmark new pill-testing trial at Australia’s Beyond The Valley was hailed as a huge success by promoter Untitled Group.
Investigations are also ongoing after two males – a 32-year-old American and 28-year-old Canadian – died after attending Electric Daisy Carnival’s debut in Phuket, Thailand, over the weekend.
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Four people have died after attending New Year’s Eve music festival Pinkfish Countdown 2024 in Selangor, Malaysia.
The victims – two men and two women aged between 20 and 40 – are suspected to have taken ecstasy, according to local police. Two other festivalgoers are also being treated in hospital, while another has been discharged.
Sudden death investigations have been opened with toxicology results still pending, according to Selangor police chief Hussein Omar Khan.
“From our preliminary investigation, it was found that all four [who died] attended the Pinkfish concert at Sunway Lagoon on the night of the incident and are believed to have taken ecstasy pills,” says Khan, as per Free Malaysia.
“Police have recorded statements from six witnesses, and several others will be called to assist in the investigation, including the concert organisers and the victims’ friends.”
The festival, which was curated by Hitman Solutions and Happy Moon, took place at Surf Beach, Sunway Lagoon, on 31 December. Top-billed acts included Sarah Landry, Showtek, Blasterjaxx, Cosmic Gate and Nifra.
“As the event organiser, we are fully committed to cooperating with the authorities to ensure a thorough investigation into the incident”
The team behind the event has expressed its condolences to the families and friends of the victims, and vowed to fully cooperate with the investigation, while noting the fatalities “occurred outside the event’s premises”.
“We are deeply saddened by the tragic incident following Pinkfish Countdown 2024 which resulted in the loss of four lives,” says a statement from Pinkfish Management. “Our thoughts and prayers are with the families and loved ones of the four individuals during this difficult time.
“As the event organiser, we are fully committed to cooperating with the authorities to ensure a thorough investigation into the incident and took note of the Royal Malaysian Police’s (PDRM) confirmation that these deaths occurred outside the event’s premises.”
Promoters are also seeking to provide reassurance over their existing safety measures.
“The safety and well-being of our attendees, staff and surrounding community have always been our highest priority, and we are working closely with the relevant agencies to provide the necessary support to those impacted, included families of the deceased,” adds the statement.
“While we await the outcome of the full investigation into this incident, we wish to reassure the public that every precaution has been taken to ensure the safety of our events, including Pinkfish Countdown 2024. These measures include, among others, the presence of more than 100 police officers and the deployment of trained security personnel and K9 units at all entrance points.”
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The 1975 have responded to a lawsuit filed against the band by the promoter of Malaysia’s Good Vibes Festival.
The £1.9 million (€2.25m) suit was filed in the UK’s High Court by Future Sound Asia (FSA) over costs relating to the government-ordered cancellation of last year’s event.
Organisers are suing the British band over a violation of performance rules, having pulled the plug on their headline set after The 1975’s frontman Matty Healy criticised the country’s strict anti-LGBT laws and kissed a male bandmate on stage.
In a court filing, FSA said The 1975 and its management team were aware of its rules for performers, having previously performed at the same festival in 2016, but decided to “act in a way that was intended to breach guidelines”.
It cited Healy’s “provocative speech” and “long pretend passionate embrace” with bassist Ross MacDonald, which it alleged had “the intention of causing offence and breaching the regulations”.
The band deny the same-sex kiss was a premeditated act and say they “did not know” it would cause the gig to be cancelled
However, according to Law360, the band deny the same-sex kiss was a premeditated act and say they “did not know” it would cause the gig to be cancelled. In addition, they argue the rules they are accused of breaching were, on the “face of it”, guidelines that “do not impose any obligation” on international acts and were unenforceable.
Moreover, they insist that given Healy’s history of being outspoken on LGBTQ+ matters, promoters should not have booked the band had they known their actions could lead to its licence being revoked. Hence, The 1975 reject the claim that “the revocation of the licence for Good Vibes 2023 was a foreseeable consequence of any conduct of the band members”.
The group’s defence was filed last month but has just been made public.
FSA announced the return of Good Vibes in May. However, the 2024 edition was cancelled two months later out of respect for the coronation of the king.
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Green Day have lined up their first ever concert in Malaysia.
The CAA-represented American rock band will bring their Saviors Tour to the National Hockey Stadium in Kuala Lumpur on 18 February 2025.
It follows the announcement of the group’s first-ever show in the Middle East, which is set to take place in Dubai at the 30,000-cap Expo City Dubai on 27 January.
The group, who are currently in the midst of a North American run, have also announced two concerts in South Africa – at FNB Stadium in Johannesburg (19 January) and DHL Stadium in Cape Town (23 January).
Malaysia also will host the likes of Bruno Mars, Imagine Dragons and Dua Lipa before the end of 2024
They will visit Carnaval Ancol in Jakarta, Indonesia on 15 February, finishing up the tour in Japan with stops at Osaka-Jo Hall (21 February), Port Messe Nagoya (23 February) and K Arena Yokohama (25-26 February).
Malaysia will also host the likes of Bruno Mars (17 September) at Kuala Lumpur National Stadium, Imagine Dragons at the National Hockey Stadium (21 November) and Dua Lipa at Axiata Arena (23-24 November).
Earlier this summer, the country’s Good Vibes Festival was cancelled out of respect for the coronation of the king. The festival has been due to return on 20 and 21 July, despite last year’s edition being cancelled after The 1975’s Matty Healy hit out at the country’s strict anti-LGBT laws and kissed a male bandmate on stage.
Organiser Future Sound Asia recently filed a lawsuit against the group and all its members individually, seeking £1.9 million ($2.4m) in compensation in the UK’s High Court over a violation of performance rules.
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The organiser of Malaysia’s Good Vibes Festival has filed a lawsuit against The 1975 and all its members individually.
It comes after the band’s frontman Matty Healy hit out at the country’s strict anti-LGBT laws and kissed a male bandmate on stage during their headline set at Good Vibes 2023.
Subsequently, their set was cut short and promoter Future Sound Asia (FSA) was ordered by the government to call off the rest of the three-day festival at Sepang International Circuit.
FSA is now seeking £1.9 million ($2.4m) in compensation in the UK’s High Court over a violation of performance rules.
Homosexual acts are illegal in Malaysia and punishable by 20 years in prison, while the festival does not allow talking about politics and religion, swearing, smoking or drinking on stage.
In a court filing, FSA said The 1975 and its management team were aware of its rules for performers, adding that the band had performed at the same festival in 2016.
The lawsuit alleges that the band decided to “act in a way that was intended to breach guidelines”
The lawsuit alleges that the band decided to “act in a way that was intended to breach guidelines”. It cited Healy’s “provocative speech” and “long pretend passionate embrace” with bassist Ross MacDonald, which organisers said had “the intention of causing offence and breaching the regulations”.
It also alleged that the band smuggled a bottle of wine on stage to give Healy “easy access” to it.
FSA also cited guidelines by the Malaysia Central Agency for the Application for Foreign Filming and Performance by Foreign Artistes, which ban “kissing, kissing a member of the audience or carrying out such actions among themselves”.
During The 1975’s performance in Dallas on 9 October, Healy said the kiss was “not a stunt simply meant to provoke the government.” The frontman had kissed the same bandmate during many of the 1975’s American concerts.
“We chose to not change our set that night to play pro-freedom of speech, pro-gay songs,” Healy said. “To eliminate any routine part of the show in an effort to appease the Malaysian authorities’ bigoted views of LGBTQ people would be a passive endorsement of those politics. As liberals are so fond of saying, ‘Silence equals violence. Use your platform.’ So we did that. And that’s where things got complicated.”
Last August, the promoter threatened the band with legal action and demanded they acknowledge their liability and compensate the organisers for damages incurred.
In May, FSA announced the return of Good Vibes albeit in a different location than last year and with one less day.
Two months later, the 2024 edition was cancelled out of respect for the coronation of the king.
IQ has reached out to The 1975’s representatives for comment.
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Malaysia’s Good Vibes Festival 2024 has been cancelled out of respect for the coronation of the king, organisers have announced.
Last year’s edition was also partly cancelled after The 1975’s Matty Healy hit out at the country’s strict anti-LGBT laws and kissed a male bandmate on stage.
Despite the fallout, the festival was due to return on 20 and 21 July, albeit in a different location than last year and one day shorter.
However, promoter Future Sound Asia today (1 July) announced it received a letter from authorities stating that “large-scale performances involving international artists are not to be held on 20 July and are to be rescheduled to a later date, out of respect for the Coronation Ceremony of His Majesty Sultan Ibrahim, the 17th Yang di-Pertuan Agong of Malaysia”.
It continues: “Due to the nature of Good Vibes Festival (GVF) which involves multiple touring acts over multiple days, rescheduling the festival is not possible.”
“Due to the nature of Good Vibes Festival (GVF) which involves multiple touring acts over multiple days, rescheduling the festival is not possible”
As a result, Future Sound Asia has cancelled the festival, originally scheduled for 20 and 21 July at Resorts World Awana in Genting Highlands.
It added that all ticket purchasers for GVF will automatically receive full refunds to the payment method used for their purchase.
The 2024 edition would have featured J Balvin, Peggy Gou, Joji, BIBI and more, as well as returning Malaysian acts who had their performances cancelled from the 2023 event.
Last year’s 10th-anniversary edition was axed after The 1975’s Healy kissed a male bandmate on stage.
The set was cut short, and promoters Future Sound Asia (FSA) were ordered by the government to call off the rest of the three-day festival at Sepang International Circuit.
FSA described Good Vibes Festival’s cancellation as a “catastrophic financial blow” and demanded £2 million in compensation from The 1975. Legal proceedings are ongoing.
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Malaysia’s Good Vibes Festival (GVF) is set to return in July after the controversy surrounding The 1975’s set during last year’s edition.
The British band were headlining the first day of the festival’s 10th-anniversary edition when frontman Matty Healy hit out at the country’s strict anti-LGBT laws and kissed a male bandmate on stage.
The set was cut short, and promoters Future Sound Asia (FSA) were ordered by the government to call off the rest of the three-day festival at Sepang International Circuit.
FSA described Good Vibes Festival’s cancellation as a “catastrophic financial blow” and demanded £2 million in compensation from The 1975. Legal proceedings are ongoing.
Today (8 May), Good Vibes has announced its comeback, albeit in a different location than last year and with one less day.
“Immediately after what happened last year, we thought the world was ending”
Set to take place on 20 and 21 July at the Resorts World Awana in Genting Highlands, the 2024 edition features J Balvin, Peggy Gou, Joji, BIBI and more, as well as returning Malaysian acts who had their performances cut from the 2023 event.
“Immediately after what happened last year, we thought the world was ending,” Future Sound Asia’s Wan Alman told NME in a new interview. “We were left thinking about what was going to happen, were we still going to be working in this industry and things like that. But as time went on and we dealt with the situation, our heads became clearer.
“Towards the end of last year, we realised that the government was not going to ban us and we’ve got a good thing going here – we’ve been doing this for 10 years.”
According to Alman, the government has supported the return of Good Vibes: “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.”
FSA and the government have also been working with PUSPAL (Central Committee for Application for Filming and Performance by Foreign Artistes) to refine and improve its guidelines and standardise responses to incidents.
“The kill switch is always a nuclear option, it’s the very last resort”
Alman says that the incident has not put booking agents off the festival, but that domestic promoters are “more careful in which acts they want to book and probably more diligent in clearly informing the artists that these are the things you can and cannot do when performing in Malaysia”.
In the months following the controversy, promoters were ordered to install a “kill switch” to end performances by international artists that breach government regulations. Alman says the kill switch has not been standardised and says each promoter and organiser has their own version of it.
“For us, the kill switch is a system where we can immediately cut off audio, video and lights on the stage,” says Alman. “Of course, this is always a nuclear option, it’s the very last resort. We have other protocols in place about who can call for stage closure and when we can call for it.
“We’re not going to call for it if an artist starts smoking a cigarette onstage; we’re just going to stop them and tell them they can’t do that. There will be various scenarios and degrees of severity, and what happened last year would be the most severe, where we cut everything off.”
Ticketholders for last year’s event could either defer their tickets or donate the money to the festival. As the festival is shorter this year, those who opted to defer 2023 tickets will be entitled to two full festival passes for 2024 plus a RM100 F&B voucher. See the full lineup here.
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Malaysia’s live music trade body ALIFE (Arts, Live Festival and Events Association) has threatened to take legal action against those who call for the cancellation of concerts in the country.
The government strengthened guidelines but rejected a blanket ban on gigs following The 1975’s infamous headline set at Sepang’s Good Vibes Festival last July, which led to the cancellation of the event.
However, ALIFE’s president Rizal Kamal says there remains opposition regarding performances by certain international acts.
“With recent successes like Taylor Swift’s groundbreaking tour in neighbouring Singapore showcasing the economic potential of live events, ALIFE is committed to overcoming barriers hindering Malaysia’s global entertainment competitiveness,” he says.
“Despite recent triumphs, ALIFE faces opposition from political and religious groups calling for the cancellation of concerts”
“Despite recent triumphs, ALIFE faces opposition from political and religious groups calling for the cancellation of concerts featuring artists associated with ‘sinful’ activities or supporting certain communities. Calls for such cancellation of acclaimed acts like BlackPink, Billie Eilish, Coldplay, and Ed Sheeran highlight this issue.”
Moreover, Kamal says that ALIFE is prepared to pursue legal action to protect the business against “baseless claims and discriminatory acts”.
“This stance champions cultural diversity and individuals’ right to access entertainment freely in Malaysia’s dynamic live performance landscape, plus the right to protect Malaysia’s reputation in the international landscape,” he says.
“As Malaysia aspires to become a global live events hub, ALIFE’s unwavering resolve against external pressures underscores the significance of this issue both domestically and internationally.”
“We have the opportunity to bring much needed external income into the country through music tourism”
Promoters in Malaysia were ordered to install a “kill switch” to end performances by international artists that breach government regulations to avoid a repeat of the Good Vibes fiasco, which saw The 1975 singer Matty Healy criticise Malaysia’s strict anti-LGBT laws and kiss a male bandmate on stage – leading to the cancellation of the festival’s remaining two days.
However, that was the only incident reported out of 296 acts granted a permit by the Central Agency for Application for Filming and Performance by Foreign Artistes (Puspal) in 2023. And Kamal points out the economic benefits of bringing global stars to the region.
“Live events are pivotal in boosting Malaysia’s international reputation and driving economic growth. However, bureaucratic inefficiencies and political pressures threaten to hinder our industry’s potential,” he says.
“We have the opportunity to bring much needed external income into the country through music tourism. Our infrastructure, cost structure and value of ringgit makes Malaysia an attractive destination for concerts and shows. We cannot allow certain groups to derail Malaysia’s effort to be more competitive in the region, especially if it’s just to boost their own individual or political standing.”
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