Musician Loses Case Against Orchestra Over Political Comments

By Hannah Story

ABC Arts

Topic: Courts

Friday, July 10, 2026, at 9:39 am

Australian pianist Jayson Gillham took the Melbourne Symphony Orchestra to court, saying they discriminated against him because of his political beliefs.

Jayson Gillham lost his case against the Melbourne Symphony Orchestra over comments he made about the war in Gaza in 2024.

Justice Graeme Hill gave his verdict in the Federal Court of Australia in Melbourne, one month after the three-week trial about free speech in Australian workplaces.

Justice Hill did not agree with Gillham that the orchestra took actions against him because of his statements about journalists killed in Gaza.

Gillham said the orchestra canceled a concert, apologized for his statements, and did not let him make similar comments if the concert happened again.

Gillham believed he had the right not to be treated unfairly because of his political beliefs under Victoria's Equal Opportunity Act.

Justice Hill found that the orchestra's reasons for canceling Gillham's concert were not because of his political beliefs.

The orchestra canceled the concert to protect its business and reputation from the negative effects of Gillham's statement.

Justice Hill said the orchestra had a policy of not taking sides in the Israel-Gaza conflict.

There is a custom that classical musicians do not make statements on sensitive issues from the stage without approval.

Justice Hill also found that Gillham's claims did not fall under federal workplace law.

Gillham's lawyer, Michael Bradley, said his client was very disappointed with the outcome.

They need time to read the judgment and understand what it means.

Gillham dedicated a new composition to journalists killed in Gaza, titled Witness, by Australian composer Connor D'Netto.

Gillham's case started when the orchestra canceled one of his performances in August 2024 after he spoke about journalists killed in Gaza.

Gillham said, 'Over the last 10 months, Israel has killed more than 100 Palestinian journalists.'

Many of these killings were targeted assassinations of prominent journalists, which is a war crime.

At least 268 journalists and media workers have been killed in the war in Gaza since October 7, 2023.

The Gaza Ministry of Health says more than 73,000 Palestinians have been killed, including over 1,000 since the ceasefire began.

Justice Hill said the truth of Gillham's comments was not important to the case.

The orchestra canceled Gillham's performance and apologized for offense caused, saying they did not condone 'expressing personal views' on their stages.

The orchestra received complaints about Gillham's concert and its decision to cancel his next performance.

The orchestra said the cancellation was an 'error' and wanted to reschedule, but talks with Gillham stopped, and he started his court case.

The case is about freedom of expression or breach of contract.

Gillham said he took the case to court because he believes in the right to freedom of expression.

In 2024, the orchestra canceled a Jayson Gillham concert over his comments about journalists killed in Gaza, leading to a legal battle.

Gillham said, 'I think everybody has the right to be themselves on stage, and that's why I'm fighting the case.'

Justice Hill asked Gillham and the orchestra to try to settle the case outside of court.

Gillham said the case is about ensuring artists can perform with integrity and without fear of censorship.

Gillham's lawyer argued that the pianist's performance was canceled because of the political content of his statements.

The lawyer said it would have been different if Gillham had spoken about releasing Israeli hostages instead.

Gillham said he did not tell the orchestra about his plans to play Witness because he worried they would not allow it.

The orchestra's lawyer argued that Gillham breached convention by expressing a political opinion on stage.

The lawyer said the orchestra's decision to cancel Gillham's performance was about money and consequences.

The case began in May, with the orchestra's lawyer saying Gillham knew he was overstepping the line.

The orchestra's lawyer said they have control over their stage, especially when statements are controversial.

Gillham's lawyer said the case is about whether freedom of expression can be limited by a contract.

The lawyer said Gillham's comments were lawful, and audience members could have left the performance.

There is a difference between feeling uncomfortable and feeling unsafe, and Gillham's speech would not have made anyone feel unsafe.

Gillham will return to Australia in July for a national tour with Jordanian Palestinian pianist Iyad Sughayer.

Friday, July 10, 2026, at 9:39 am

Friday, July 10, 2026, at 10:29 am

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