The three-day event was abruptly cancelled on July 22 – the first night of the festival – after Matty Healy, lead singer of the group The 1975, criticised Malaysia’s laws on lesbian, gay, bisexual and transgender people before kissing his male bandmate.
Healy’s actions, and the subsequent cancellation of the concert, were met with disappointment and frustration from ticket holders, some of whom spent hundreds of ringgit on flights and accommodation for their stay in Sepang.
Lawyer Rajesh Nagarajan said these people could file complaints at the small claims court if they would like to be compensated.
“The million-dollar question now would be: if ticket holders and those who have booked hotels put all their losses in the small claims courts, will the court allow the claims?” Rajesh said in an FMT interview.
Should the court see merit in their claims, plaintiffs can expect to claim damages for expenses such as hotel and flight charges and seek monetary compensation.
Ticket holders who file their claims individually at the small claims court may have their cases consolidated, so their cases can be tried together or immediately after one another.
“Everyone has to pay their filing fees separately, and then the matters most likely would be heard together,” lawyer Vemal Arasan said.
Vemal added that an alternative to civil courts is the Tribunal for Consumer Claims, administered by the domestic trade and consumer affairs ministry.
The tribunal serves consumers who are seeking to claim redress for any goods and services purchased for less than RM50,000.
Shortly after GVF was cancelled, communications and digital minister Fahmi Fadzil said MyCreative Ventures, a government investment arm aimed at supporting the Malaysian creative industry, will assist local artistes and businesses affected by the abrupt cancellation.
Meanwhile, a group of lawyers are planning to file a class action lawsuit against the British band on behalf of this affected group, the New Straits Times reported.
Lawyer Mathew Thomas Philip posted a draft of the suit online, naming all four of the band members as defendants and seeking general damages, costs and other reliefs.
However, Rajesh said the group should sue the ministry for financial loss instead, because it is the party responsible for the cancellation of the festival.
“For those who want to seek justice and financial reimbursement, a class action lawsuit against the ministry and the government is the way forward,” he told FMT.
Rajesh added that the ministry overstepped its bounds in cancelling the event, and the people who are being “punished” right now are the participating businesses and artistes.
“The 1975 should have been held accountable, and they should have been prosecuted under Malaysian law. The organisers have already done their due diligence by making sure that The 1975 was informed of all the rules and regulations,” he said.