The pianist whose performance was cancelled by the Melbourne Symphony Orchestra after he made comments during a concert about journalists killed in Palestine has filed legal action in the Federal Court.
British-Australian musician Jayson Gillham has been at the centre of a censorship row since August, when he introduced a piece of new music by Connor D’Netto called Witness at an MSO recital.
Pianist Jayson Gillham released a statement saying he was silenced for speaking the truth.Credit: Simon Schluter
The MSO initially apologised for removing Gillham from their line-up at a planned show the following week, then retracted that and sent a strongly worded rebuke of the pianist via their lawyers, Arnold Bloch Leibler (ABL).
An open letter said the pianist “abused his position by using an MSO concert to air his political opinions. He did so improperly. As was inevitable, it caused distress to many members of the audience”.
“What occurred is not and never has been about free speech,” it went on to say.
In a statement released on Thursday afternoon, Gillham said: “I was silenced for speaking the truth – that Israel targets journalists.”
Israel rejects the allegation it has targeted journalists.
“This situation goes beyond just artistic freedom,” Gillham’s statement said. “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 argues 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). He is represented by Michael Bradley of Marque Lawyers and Sheryn Omeri KC.
The Melbourne Symphony Orchestra released a statement confirming it had been served with a statement of claim by Gillham commencing proceedings in the Federal Court.
“The Melbourne Symphony Orchestra is reviewing the court documents and will respond at the appropriate time,” it said.
Days after the Gillham incident, the musicians in the Melbourne Symphony Orchestra sent a vote of no confidence to the board, requesting the removal of managing director Sophie Galaise and chief operating officer Guy Ross, and asking for an independent review into what had happened.
Within weeks, Galaise was sacked. She has told The Australian she is also considering legal action against the orchestra. Richard Wigley, a musician originally from New Zealand, has been made interim chief executive.
Former federal arts minister and lead singer of Midnight Oil Peter Garrett has been appointed to lead the review, which the orchestra says will “evaluate MSO’s policies, procedures and processes, and cover protocols around freedom of speech and artistic expression on stage”.
More to come.
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