Tickle vs Giggle

No laughing matter for women's rights in Australia.

May 02, 2023

The Federal Court of Australia is set to hear a landmark case onfthe Sex Discrimination Act (Australia) as it relates to Convention on the Elimination of All Forms of Discrimination against Women and Girls (CEDAW). The applicant, Roxanne Tickle, is biologically male and legally recognised as female on his Queensland issued birth certificate. He alleges that Giggle for Girls, the respondent, has discriminated against him based on his appearance not aligning with societal expectations of women who are biologically female.

Sall Grover is the founder and CEO of Giggle for Girls (Giggle) , a female only social networking app. Giggle, which is currently not available, uses AI as part of its onboarding process to screen out males. In an Australian federal court lawsuit filed on 22 December, Roxanne Tickle claims they were unlawfully barred from using Giggle in September 2021 after it was determined Tickle was male.

Tickle is seeking damages, a written apology and complete access to the platform.

Link to the decision by Judge Bromwich to allow the claim to proceed.

Reem Alsalem, UN Special Rapporteur on violence against women and girls, sought to submit an amicus curae brief but her intervention was denied on the grounds of timeliness and she was directed to provide input to the Australian Human Rights Commission (AHRC). The AHRC is intervening in the case, on the meaning of the word “woman” in the CEDAW. Alsalem expects the Australian Human Rights Commissioner tp bring the submission to the attention of the Australian Federal Court and other parties. In addition, Alsalem wrote a position paper setting out the core message of the input sent to the Commissioner, while expanding some of the supporting arguments.

Position Paper from Reem Alsalem

Grover and Giggle developed a specific crowdfunding platform the case, worried that third party platforms might bow to pressure from activists. The crowd funder can be found here: GiggleCrowdfund.com.

We could not locate a crowd funder for Tickle. It has been reported that his lawyers are acting ‘pro bono’. Tickle has also reportedly received an indemnity against an adverse costs order of up to $50,000 by a specialist non-profit litigation funder known as the Grata Fund, which is a partner of UNSW Law & Justice.

The Sex Discrimination Commissioner and the Australian Human Rights Commission is taxpayer funded but is not arguing Tickle’s case or acting for Tickle in any legal capacity. The Sex Discrimination Commissioner is acting as friend of the court and her job is to assist the court on the proper construction of the relevant law.

Status

Decision expected at 9 am 23 August, Sydney time.

The case in being heard in federal court in Sydney, Australia. Evidence is expected to begin on Tuesday 9 April 2024 and continue for four days.

UPDATE 23rd August 2024: The court found Roxanne Tickle had been unlawfully discriminated against by the Giggle for Girls app.

Justice Robert Bromwich awarded Tickle $10,000 in compensation and ordered the company to cover his legal costs. This ruling underscored that "sex" is legally considered "changeable" in Australia.

Read the Judgment

Live tweet threads

28 April 2023 - Procedural matters hearing

9 April 2024 - Part 1 , Part 2, Part 3

10 April 2024 - Part 1, Part 2, Part 3, Part 4

11 April 2024 - Part 1, Part 2, Part 3, Part 4, Part 5

Legal Analysis & Explanatory Notes

Explanatory Notes – Day One of Proceedings – Tickle vs Giggle

Explanatory Notes - Day Two of Proceedings - Tickle vs Giggle

Explanatory Notes - Day Three of Proceedings - Tickle vs Giggle

Abbreviations

J = Justice Robert Bromwich

Giggle Legal Team

BN = Bridie Nolan, barrister

AR - Alexander Rashidi

BN = Bridie Nolan, barrister
AC = Anca Costin
ZH = Zelie Heger

Tickle Legal Team

GC = Georgina Costello, barrister
EN = Elodie NadonJustice
BG = Briana Goding

AHRC (Australian Human Rights Commission)
ZH = Zelie Hegel (Counsel)
GE = Grame Egerton
LR = Lara Renton

BARRY NILSSON LAWYERS
CD = Corrinna Dowling
TM = Tinashe Makamure
KS = Kylie Stone

RT - Roxy Tickle, applicant

SG - Sall Grover, respondent, CEO of Giggle

Press coverage

Here are links to a selection of relevant press coverage about this case. These links are included without comment and are not endorsed by Tribunal Tweets. This is a sample of coverage only, with most recent first - it is not comprehensive. Please DM our main Twitter account to submit coverage from an established news outlet. Any paywalled article must be archived.