The Other Cheek Mediawatch
The long-running case, known as Tickle v Giggle in the Federal Court of Australia, involves a discrimination case brought by NSW trans woman Roxanne Tickle against Sally Grover, the creator of a women-only app. Tickle claims that Grover discriminated against Tickle by not allowing her onto the Giggle for Girls app, which was intended to be a Women-only space. In 2013, amendments to the Sex Discrimination Act made it unlawful to discriminate against a person based on sexual orientation or gender identity.
But as Grover’s supporters have rightly pointed out, the media coverage has been sparse in the Nine Papers and the ABC, while The Australian’s Stephen Rice – a good and dogged reporter – has been providing saturation coverage.
But yesterday, the Nine papers came to the party, catching up their readers with a lengthy explainer. Grover had set up the app Giggle for Girls, intending it to be a women’s only space. Tickle was barred from the app by Grover, who said she thought Tickle was male. The app had been spammed by thousands of men seeking to join it, Grover said, and she had started to use facial recognition software to determine gender.
Grover’s lawyers argued that “special provisions” in the Sex Discrimination Act allowed for places for “natal” women, in this case online. Tickle, who has identified as a woman since 2017, has had gender-affirming surgery and is female on her birth certificate.
Tickle took her complaint of discrimination to the Australian Human Rights Commission, won and was awarded $20,000 in damages. On appeal to the Federal court, Tickle won again and was awarded $10,000 – but interestingly, the court declined to order what would be an insincere apology. This earlier judgement is here.
The Australian’s extensive coverage, including columns by Janet Albrechtsen, echoed on Sky News, reflects giving a conservative audience what they want. The Guardian, from the left, similarly covers a story that has seen the progressive side win twice.
But the ABC and the Nine papers have largely kept away from the story. This sqeamishness may derive from downplaying what is undoubtedly a culture war issue.
But the hearing having concluded, the full bench of the Federal court is considering a case in which the issue of “what is a woman” forms an important part.
It is arguable that The Australian has been obsessed with the case – but freedom of the press grants them the right. And the other outlets have similar rights. However it is troubling that our news is filtered by media enthusiasm, or lack of enthusiasm for an issue.
A woman, in the words of the great Rob Smith, is “an adult human female”.