Pianist Jayson Gillham has said he is “very disappointed” after a Federal Court judge threw out his case against the Melbourne Symphony Orchestra (MSO), which cancelled one of his performances following comments he made about Israel and the Gaza War.
Justice Graeme Hill ruled on Friday that the MSO had not unlawfully discriminated against Gillham because of his political beliefs, finding instead that the orchestra acted to protect its business interests and reputation.
The case stemmed from a recital in Melbourne in August 2024, when Gillham introduced a performance of Witness, a five-minute work by composer Connor D’Netto dedicated to journalists in Gaza.
Addressing an audience of around 150 people, Gillham allegedly said Israel had killed more than 100 Palestinian journalists in “targeted assassinations” to “prevent documentation of war crimes”. Three audience members complained, and the MSO cancelled his next scheduled concert.
After cancelling the concert, the orchestra said in an email to patrons that Gillham had made personal remarks “without seeking the MSO’s approval or sanction”.
“The MSO does not condone the use of our stage as a platform for expressing personal views,” it said, adding that Gillham’s remarks had caused “distress”.
The orchestra later reportedly said the cancellation had been prompted by concerns for staff safety. Gillham subsequently brought legal action, alleging discrimination on the grounds of his political beliefs.
In his judgment, Hill found that the MSO maintained a policy of not expressing support for either side in the conflict and that there was an established practice of classical performers “not making statements on sensitive political issues from the stage without approval of the host”.
Hill also found that the pianist’s allegations that he was discriminated against did not fall under the Equal Opportunity Act.
Writing on Instagram on Saturday, Gillham thanked supporters and said: “I am understandably very disappointed by the court’s decision in this matter. I believe artists should be free to speak with integrity. This case was never just about me. My principles remain unchanged.
“I will take some time to consider the court’s findings. In the meantime, my focus is on music.”
MSO welcomed the judgment, with its chair, Edgar Myer, praising the “dedication and professionalism” of the orchestra's musicians and staff members who worked “despite the disruption and distraction that came with defending these legal proceedings.
“We hope that we can now put this matter behind us and focus on our music.”
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