Justice Graeme Hill handed down his findings before the federal court on Friday, after Jayson Gillham launched legal action against the MSO almost two years ago.
Background of the case
Gillham sued the MSO over a cancelled Melbourne concert he was contracted to perform on 15 August 2024, which he claims was an attempt to silence him over his stance on Israel’s attacks in Gaza.
During a performance four days earlier, the pianist played a short piece called Witness, composed by multimedia artist Connor D’Netto, which he dedicated to Palestinian journalists who were killed by Israeli forces.
Gillham's statement and MSO's response
Introducing the work, Gillham told the audience more than 100 Palestinian journalists had been killed and that the targeting of journalists in a conflict was a war crime under international law.
Announcing the decision to cancel the 15 August concert, an MSO email sent to patrons alleged 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”, the email said, adding that Gillham’s remarks had caused “distress”.
Legal arguments
Gillham’s barrister, Sheryn Omeri KC, had argued that there was nothing in the MSO contract that prevented Gillham from making the statement.
Justin Bourke KC, who acted for the MSO, argued that Gillham was playing on the MSO’s stage, and was therefore not permitted to share his personal views on the “most hotly contested controversial issue around the world”.
More to come.
