Legal stoush between MSO and sacked pianist escalates

Talks between Jayson Gillham and the Melbourne Symphony Orchestra have broken down, with the sacked pianist accusing the MSO of “mischaracterising” his position, and the orchestra accusing him of making “outrageous demands” that “will never be met”.

The clash, which has thrown the orchestra into crisis and seen its managing director resign, arises from a recital in August at which Gillham prefaced a new piece of music by composer Connor D’Netto with a dedication to journalists killed in Gaza.

In his introductory remarks, Gillham – who has frequently expressed support for the Palestinian cause on social media and performed at a fundraising concert in June for the Palestine Children’s Relief Fund – accused the state of Israel of carrying out “targeted assassinations” on some of the more than 100 Palestinian journalists killed in the conflict that erupted after the October 7 Hamas terrorist raid.

Pianist Jayson Gillham.Credit: Simon Schluter

After the event, the orchestra wrote to attendees, saying his commentary was not authorised and apologising for any offence it may have caused. They removed Gillham from a concert the following week, then later described that response as an error, and cancelled the event entirely.

Gillham later employed Marque Lawyers to represent him, and the firm sent a letter to the MSO a week ago. On Monday, the British-Australian pianist released a statement saying the MSO’s response was unsatisfactory.

“I stand firmly by my actions and words. As an artist, I believe it is not only my right but my responsibility to use my platform to shed light on important issues. The factual statement I made about the plight of Palestinian journalists is backed by reputable sources and aligns with international law,” Gillham said in his statement.

“The implication that my actions caused safety concerns is unfounded and deeply troubling. It appears to be an attempt to deflect from the real issues at hand and to stigmatise legitimate political expression.”

The MSO is represented by law firm Arnold Bloch Leibler (ABL), which sent an open letter in response to Gillham’s lawyers.

“Your letters make serious allegations about breaches of the law by MSO,” the ABL statement says. “They are wrong and Mr Gillham knows they are wrong. Mr Gillham has made outrageous demands of the MSO for compensation and other relief. They will never be met.”

The statement adds that Gillham “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.”

Gillham’s statement revealed his initial letter to the MSO from Marque had asked for a public apology; an affirmation of artists’ rights to speak freely; compensation for reputational damage arising from his performance being cancelled; future performance opportunities to repair his professional standing; a commission of a piano concerto by a Palestinian composer; and a donation to the Edward Said National Conservatory of Music in Palestine.

Marque Lawyers contend that the MSO’s actions “constitute direct discrimination because of political belief or activity, which are protected under the Equal Opportunity Act 2010 (Vic), and also violate protections under the Fair Work Act 2009 (Cth).”

Asked on Monday whether artists should be able to voice their political views on stage, Victoria’s minister for creative industries Colin Brooks said, “all art is inherently political” and artists would, “by their very nature” seek to express themselves.

“We know there are really difficult times at the moment, and people are concerned about world events and other things and, not surprisingly, artists who, by their very nature, express themselves,” Brooks said.

“We see people’s views being expressed, but [it] needs to be done in a way that’s a safe place for everybody, and that’s the work that I think many institutions are doing at the moment – finding a way for that to happen.”

In response to the letter from ABL on behalf of the MSO, Gillham said he was “deeply disappointed by the tone and content”, adding that “the letter mischaracterises the events that transpired and fails to address the serious issues raised in my initial correspondence”.

The MSO has been contacted for comment.

With Elizabeth Flux

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