Acclaimed Australian-British pianist Jayson Gillham has filed legal proceedings against the Melbourne Symphony Orchestra (MSO) in the Federal Court of Australia, following the controversial cancellation of his performance in August. Gillham has also initiated a crowdfunding campaign to support his legal costs in this fight for artistic freedom and free speech.
“I was silenced for speaking the truth – that Israel targets journalists,” Gillham stated. “This situation goes beyond just artistic freedom; it strikes at the heart of our right to free speech and the role of art in addressing important social issues. The MSO’s extreme reaction to factual statements highlights a disturbing trend of silencing voices that speak to uncomfortable truths.”
Gillham contends that the MSO’s actions constitute direct discrimination based on political belief or activity, violating his human and workplace rights protected by the Equal Opportunity Act 2010 (Victoria) and Fair Work Act 2009 (Commonwealth). After the MSO rejected reasonable requests to remedy the situation in a belligerent letter from its lawyers Arnold Bloch Leibler, Gillham was compelled to pursue legal action. He is represented by Michael Bradley of Marque Lawyers and Sheryn Omeri KC.
“This battle is about ensuring that artists can perform with integrity and without fear of censorship or reprisal,” Gillham added, “More broadly, it’s about defending everyone’s right to express opinions on important issues without being silenced.”
On 11 August 2024, Gillham performed a solo piano recital at Melbourne’s Iwaki Auditorium, which included the world premiere of ‘Witness’ by Connor D’Netto, a piece dedicated by the composer to the journalists of Gaza. In introducing the piece, Gillham provided factual context about the deaths of Palestinian journalists, corroborated by reputable sources, including the Committee to Protect Journalists.
Subsequently, the MSO removed Gillham from a scheduled performance at the Melbourne Town Hall on 15 August, claiming his remarks had been an “intrusion of personal political views”. Following public backlash, the MSO admitted to an ‘error’ and cancelled the entire concert, citing unsubstantiated ‘safety concerns’. In response to the controversy, the MSO has initiated an independent review led by musician and former federal Arts Minister Peter Garrett. However, Gillham has not been contacted about the review nor informed of its terms of reference despite being at the centre of the controversy that prompted it.
To support his legal efforts, Gillham has launched a crowdfunding campaign titled “Justice for Jayson: Stand Up for Free Speech and Artistic Freedom” on Chuffed.org. All funds raised will be used for legal costs, including any potential court-ordered costs if the case is unsuccessful. If the claim is successful and results in surplus funds, these will be donated to Musicians Without Borders, an organisation supporting both music and human rights.
Gillham understands that his legal action will not impede the Garrett review of the MSO’s actions, and he awaits the terms of reference for this review.
Gillham expressed, “There is nothing I would love more than to get back on stage to perform again with the wonderful musicians of the Melbourne Symphony. However, I have sadly been forced to take action to hold the management to account.”
To learn more about donating to Justice for Jayson: Stand Up for Free Speech and Artistic Freedom, visit: https://www.chuffed.org/project/justice-for-jayson
Content courtesy Samuel Cairnduff, Resonate Communications.
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