A British-Australian pianist who claimed a performance had been cancelled because of his remarks about Gaza has lost a discrimination case against the Melbourne Symphony Orchestra (MSO).
In 2024, during one of his classical recitals, Jayson Gillham told the audience that Israel had killed more than 100 Palestinian journalists in Gaza in “targeted assassinations” in order to “prevent documentation of war crimes”.
The comments he made at the event, which was attended by approximately 150 people, caused three complaints from audience members, and the MSO immediately cancelled the acclaimed pianist’s next performance.
When the cancellation triggered a backlash online, the MSO stated that the decision had been premised on “safety concerns” for its staff.
Two months later, Mr Gillham filed a case in the Federal Court of Australia, accusing the MSO of discriminating against him because of his political beliefs.
Mr Gillham, pictured in 2013, was described as a ‘polarising litigant’ in the run-up to the case – Fort Worth Star-Telegram/2013 MCT
He then crowdfunded around $176,000 (roughly £91,000) to help cover his legal fees for the court case, which was heard over three weeks in May. Around two dozen witnesses testified.
In his concluding ruling, Justice Graeme Hill said Mr Gillham’s concert had been scrapped not because of his politics, but to “address the anticipated adverse impacts” on the MSO’s business and reputation.
Justice Hill said: “I find that the MSO did have a policy for not expressing support for either side of the Israel-Gaza conflict.
“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.”
Before the case began, Mr Gillham had told the Australian Financial Review – which described him as a “polarising litigant” – that the verdict would be closely watched by the country’s young musicians.
Mr Gillham performs with the Brentano String Quartet during the Van Cliburn International Piano Competition in 2013 – Zuma Press, Inc / Alamy Stock Photo
“I don’t think anyone genuinely thought I was speaking for the MSO that day, and it’s important that I protect my right to speak. Young musicians are looking at what happened to me and are not sure they want to be in this industry,” he said.
In another interview with the outlet, Mr Gillham added: “What happened to me has helped create this general fear among arts organisations in Australia, where they are afraid to work with anybody who might say or do anything controversial.”
His initial comments were made in a short introduction to a performance, on a Sunday morning in August 2024, that premiered a five-minute piece called Witness. It was composed by Connor D’Netto, who had dedicated the piece to the journalists of Gaza.
“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,” Mr Gillham said then.
Pro-Palestine supporters of Mr Gillham rally outside the Federal Court of Victoria in Melbourne, in May this year – Australian Associated Press / Alamy Stock Photo
The Committee to Protect Journalists, an independent organisation that promotes press freedom, has reported that 207 journalists have died in Gaza since war broke out in October 2023.
On the final day of the trial, the judge asked both sides to resolve the matter themselves so that he could avoid “having to say the things I need to say in a judgment”. Instead, on Friday, Judge Hill delivered that ruling in favour of the MSO.
In a short statement on Instagram on Saturday morning, Mr Gillham said he had been “overwhelmed by the messages of support” he had received following the verdict.
He added: “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.”
Mr Gillham, pictured during the trial in May, says he is ‘understandably very disappointed’ by the verdict – Australian Associated Press / Alamy Stock Photo
Mr Gillham was born in Queensland in 1986, but moved to London to study at the Royal Academy of Music after gaining a scholarship in 2007.
He is about to embark on his first recital in Australia since the cancelled recital in 2024, as part of a self-funded tour with the Palestinian-Jordanian classical pianist Iyad Sughayer. The pair met at a benefit concert for Gaza two years ago.
Mr Gillham’s initial comments were made before the Hanukkah massacre in Bondi in December 2025, which shocked Australia and the world.
The Telegraph has contacted Mr Gillham for comment.