Federal Court Expands Discrimination Ruling Against 'Women-Only' App
The Federal Court has upheld and expanded a previous ruling, finding that the 'women-only' app Giggle unlawfully discriminated against transgender woman Roxanne Tickle. The court's full bench dismissed an appeal lodged by the app and its founder, Sall Grover, while simultaneously accepting Tickle's cross-appeal. This dual finding establishes that Giggle's actions constituted direct discrimination on the grounds of gender identity, expanding on the initial indirect discrimination finding. The original case stemmed from Tickle's exclusion from the app after her submitted selfie was judged as appearing male.
The court found two instances of direct discrimination. One involved Giggle and Grover excluding Tickle based on her gender-related appearance. The second, and expanded, instance concerned their refusal to restore her access to the platform after her initial removal. Grover had appealed the initial decision, arguing misapplication of discrimination law and misinterpretation of sex and gender identity protections. The appeal judges rejected these arguments.
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Tickle was originally denied access to the Giggle app after a selfie she submitted was assessed as appearing male. Her subsequent attempts to regain access were also denied. The court’s decision reinforces that excluding individuals based on gender identity, particularly in digital spaces, carries significant legal ramifications.
Broader Implications and Societal Response
The case, widely referred to as 'Tickle v Giggle', has ignited considerable public and political discourse. Figures such as Pauline Hanson have publicly called for legal definitions of 'women' to be grounded in biological sex within discrimination law. Conversely, advocacy groups within the LGBTIQIA+ community have voiced concerns regarding the potential impact on legal protections for transgender individuals.
Sall Grover, the founder of Giggle, had previously been vocal in her stance, identifying as a 'trans-exclusionary radical feminist' and referring to trans women as 'males'. She subsequently announced the closure of the app in July 2022. The case has reportedly led to threats against Grover.
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The initial complaint was filed in May 2022. In July of the same year, Tickle sought to discontinue the proceedings, a move that was, without stated reason, dropped. The Federal Court’s latest ruling was announced on May 15, 2026. Grover was ordered to pay $20,000 in damages. Tickle's birth certificate records her sex as female.
