An Australian federal court judge on Friday ruled against a classical pianist who alleged he had been unlawfully discriminated against when his show was canceled over an onstage remark about the killing of journalists in Gaza.
The Melbourne Symphony Orchestra canceled a concert by Jayson Gillham in August 2024 after he dedicated a musical piece to “the journalists of Gaza,” adding a comment about “targeted assassinations of prominent journalists as they were traveling in marked press vehicles or wearing their press jackets,” days ahead of his scheduled performance.
Justice Graeme Hill of Melbourne’s Federal Court rejected Gillham’s allegation of “adverse actions” by the MSO, countering that the orchestra sought to “address the anticipated adverse impacts” of the pianist’s statement by canceling his performance and apologizing for the comments.
“I find that the MSO did have a policy for not expressing support for either side of the Israel-Gaza conflict,” Hill said in his verdict. “I find that there is a custom or practice that classical musicians do not make statements on sensitive political or social issues from the stage without approval of the host.”
“The political content of Mr. Gillham’s remarks was not a substantial and operative reason for any of the MSO’s actions,” the judge stated.
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“I find that the MSO would have taken the same actions if Mr. Gillham had expressed a political belief in support of Israel, or if Mr. Gillham had made statements on any other topic that had the same impact or anticipated impact on the MSO’s business and reputation,” Hill noted.
Australian-British classical pianist Jayson Gillham has been banned from performing with the Melbourne Symphony Orchestra after he made comments about the IDF targeting journalists in Gaza…
“Over the last 10 months, Israel has killed more than one hundred Palestinian… pic.twitter.com/OYij35xafP
— Pelham (@Resist_05) August 14, 2024
Gilham’s lawyer, Michael Bradley, said his client was “very disappointed with the outcome.”
“We’ll need some time to read the judgment and understand what the outcome is,” he added.
In a statement, MSO chair Edgar Myer said he “would like to acknowledge the dedication and professionalism of our musicians and staff who have continued to deliver brilliant musical experiences, despite the disruption and distraction that came with defending these legal proceedings.”
At his solo performance in 2024, Gillham was on record as saying, “The killing of journalists is a war crime in international law, and it is done in an effort to prevent the documentation and broadcasting of war crimes to the world.”
After his cancellation, the MSO backflipped and reinvited Gilham to perform, saying they made an “error.” However, the pianist refused the opportunity, the court heard.
According to the Committee to Protect Journalists, 209 journalists have been killed allegedly as a result of Israel’s actions against Hamas there since the terror group’s October 7, 2023, massacre. The IDF denies that it targets journalists.
Some of the deceased journalists were later shown to have served in terrorist organizations or had significant ties to them.
Last month, CPJ said it was conducting a full review of its list after a Times of Israel investigation found multiple Hamas and Palestinian Islamic Jihad operatives were previously identified as journalists.
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