Removing transgender woman from female-only app was discrimination, Australian court rules
A female-only app discriminated against a transgender woman by removing her from the platform, an Australian court has ruled in a landmark case.
The Federal Court of Australia found on Friday that Roxanne Tickle, a transgender woman from New South Wales, was subjected to “indirect gender discrimination” when she was blocked from the social network platform Giggle for Girls in 2021.
She had sued the platform and its founder Sally Grover in 2022 for unlawful gender identity discrimination in its services, and claimed Ms Grover revoked her account after seeing her photo and “considered her to be male”.
Judge Robert Bromwich said in his ruling that while Ms Tickle was not directly discriminated against, her claim of indirect discrimination was successful as using the Giggle App required her “to have the appearance of a cisgender woman”.
He ruled Giggle for Girls and Ms Grover must pay Ms Tickle $10,000 (£5,142) in general compensation, in addition to her costs.
He did not rule in favour of Ms Tickle’s claim for an apology “because it is futile and inappropriate to require an inevitably insincere apology to be made”.
Pic: Reuters
The case marked the first time the Federal Court – Australia’s second highest – made a ruling on gender identity discrimination since changes were made to the Sex Discrimination Act in 2013, which introduced new protections for sexual orientation, gender identity and intersex status.
Ms Tickle said the verdict was “healing,” and was quoted as saying outside the court: “There is so much hate and bile cast on trans and gender diverse people simply because of who we are.”
Ms Grover meanwhile said on X: “Unfortunately, we got the judgement we anticipated. The fight for women’s rights continues.” She has launched a fundraiser to appeal the decision.
Ms Tickle has lived as a woman since 2017, underwent gender-affirming surgery in 2019, is legally recognised as a woman, and is identified as a female in the Queensland Register.
According to the ruling, Giggle required users to upload a selfie to sign up for the app, which was then analysed by artificial intelligence to verify users as female.
While Ms Tickle was identified by the AI software as a woman when she first applied to use the app in February 2021, she later noticed her access to Giggle had been restricted and later revoked.
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Ms Tickle alleged Ms Grover removed her after seeing her photo, although the judge added “there is no firm basis” the app’s founder “was aware of who Ms Tickle was or her gender identity”.
Judge Bromwich said the evidence did not establish Ms Tickle was excluded from Giggle directly “by reason of her gender identity although it remains possible that this was the real but unproven reason”.
He said however that Ms Grover’s views on sex and gender “by the time of the trial were clear,” and added that when she was asked if she would accept a transgender woman as female if they had medically transitioned and were legally recognised as one, she “would not view that person as a woman”.
“Ms Grover made clear in cross-examination that she does not differentiate between people who were assigned male at birth, even if they have since transitioned to become transgender women, stating ‘they’re male people’,” he added.
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Judge Bromwich also noted Ms Grover’s conduct during the trial in how she was “laughing, in the course of her oral evidence, at a demeaning caricature of Ms Tickle”.
“Her explanation, that it was funny in the context of the courtroom, was obviously disingenuous,” he said. “It was offensive and belittling, and had no legitimate place in the respondents prosecuting their case.”
World
Body pulled from mine after police cut off supplies to ‘smoke out’ thousands of illegal miners
A body has been recovered from a South African mine after police cut off basic supplies in an effort to force around 4,000 illegal miners to resurface.
The body has emerged from the closed gold mine in the northwest town of Stilfontein a day after South Africa’s government said it would not help the illegal miners.
Around 20 people have surfaced from the mineshaft this week as police wait nearby to arrest all those appearing from underground.
It comes a day after a cabinet minister said the government was trying to “smoke them [the miners] out”.
The move is part of the police’s “Close the Hole” operation, whereby officers cut off supplies of food, water and other basic necessities to get those who have entered illegally to come out.
Local reports suggest the supply routes were cut off at the mine around two months ago, with relatives of the miners seen in the area as the stand-off continues.
Relatives of miners and community members wait at the mine shaft. Pic: AP
A decomposed body was brought up on Thursday, with pathologists on the scene, police spokesperson Athlenda Mathe said.
It comes after South African cabinet minister Khumbudzo Ntshavheni told reporters on Wednesday that the government would not send any help to the illegal miners, known in the country as zama zamas, because they are involved in a criminal act.
“We are not sending help to criminals. We are going to smoke them out. They will come out. Criminals are not to be helped; criminals are to be prosecuted. We didn’t send them there,” Ms Ntshavheni said.
An aerial view of a mineshaft. Pic: AP
Senior police and defence officials are expected to visit the area on Friday to “reinforce the government’s commitment to bringing this operation to a safe and lawful conclusion”, according to a media advisory from the police.
In the last few weeks, over 1,000 miners have surfaced at various mines in South Africa’s North West province, where police have cut off supplies.
Many of the miners were reported to be weak, hungry and sickly after going for weeks without basic supplies.
Illegal mining remains common in South Africa’s old gold-mining areas, with miners going into closed shafts to dig for any possible remaining deposits.
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Relatives of miners and community members wait near the mine shaft. Pic: AP
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The illegal miners are often from neighbouring countries, and police say the illegal operations involve larger syndicates that employ the miners.
Their presence in closed mines has also created problems with nearby communities, which complain that the illegal miners commit crimes ranging from robberies to rape.
Illegal mining groups are known to be heavily armed and disputes between rival groups sometimes result in fatal confrontations.
World
Ukrainian frontline commander warns: ‘The world is scared of Russia and losing is not only our problem’
In the courtyard of a farmhouse now home to soldiers of the Ukrainian army’s 47th mechanised brigade, I’m introduced to a weary-looking unit by their commander Captain Oleksandr “Sasha” Shyrshyn.
We are about 10km from the border with Russia, and beyond it lies the Kursk region Ukraine invaded in the summer – and where this battalion is now fighting.
The 47th is a crack fighting assault unit.
They’ve been brought to this area from the fierce battles in the country’s eastern Donbas region to bolster Ukrainian forces already here.
War latest: Russia ready to carry out ‘massive attack’
The captain known by his men as ‘Genius’
In the summer, Ukraine launched an incursion into Russian territory, in Kursk
Captain Shyrshyn explains that among the many shortages the military has to deal with, the lack of infantry is becoming a critical problem.
Sasha is just 30 years old, but he is worldly-wise. He used to run an organisation helping children in the country’s east before donning his uniform and going to war.
He is famous in Ukraine and is regarded as one of the country’s top field commanders, who isn’t afraid to express his views on the war and how it’s being waged.
His nom de guerre is ‘Genius’, a nickname given to him by his men.
Captain Sasha Shyrshyn and Sky News chief correspondent Stuart Ramsay
‘Don’t worry, it’s not a minefield’
Sasha invited me to see one of the American Bradley fighting vehicles his unit uses.
We walk down a muddy lane before he says it’s best to go cross-country.
“We can go that way, don’t worry it’s not a minefield,” he jokes.
He leads us across a muddy field and into a forest where the vehicle is hidden from Russian surveillance drones that try to hunt both American vehicles and commanders.
Sasha shows me a picture of the house they had been staying in only days before – it was now completely destroyed after a missile strike.
Fortunately, neither he, nor any of his men, were there at the time.
“They target commanders,” he says with a smirk.
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‘The world is scared of Russia’
It takes me a moment or two to realise we are only a few steps away from the Bradley, dug in and well hidden beneath the trees.
The disguised American Bradley vehicle hidden in the forest
Sasha tells me the Bradley is the finest vehicle he has ever used.
A vehicle so good, he says, it’s keeping the Ukrainian army going in the face of Russia’s overwhelming numbers of soldiers.
He explains: “Almost all our work on the battlefield is cooperation infantry with the Bradley. So we use it for evacuations, for moving people from one place to another, as well as for fire-covering.
“This vehicle is very safe and has very good characteristics.”
The American Bradley fighting vehicle that Ukrainian soldiers have found vital in their efforts
Billions of dollars in military aid has been given to Ukraine by the United States, and this vehicle is one of the most valuable assets the US has provided.
Ukraine is running low on men to fight, and the weaponry it has is not enough, especially if it can’t fire long-range missiles into Russia itself – which it is currently not allowed to do.
If President-elect Donald Trump cuts the supply of military aid, the Ukrainians will lose – it’s that simple.
US President-elect Donald Trump has been clear he intends to change his nation’s policy on the war in Ukraine. Pic: Reuters
Sasha says: “We have a lack of weapons, we have a lack of artillery, we have a lack of infantry, and as the world doesn’t care about justice, and they don’t want to finish the war by our win, they are afraid of Russia.
“I’m sorry but they’re scared, they’re scared, and it’s not the right way.”
Like pretty much everyone in Ukraine, Sasha is waiting to see what the US election result will mean for his country.
He is sceptical about a deal with Russia.
“Our enemy only understands the language of power. And you cannot finish the war in 24 hours, or during the year without hard decisions, without a fight, so it’s impossible. It’s just talking without results,” he tells me.
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‘Losing will be not only our problem’
These men expect the fierce battles inside Kursk to intensify in the coming days.
Indeed, alongside the main supply route into Kursk, workers are already building new defensive positions – unfurling miles of razor wire and digging bunkers for the Ukrainian army if it finds itself in retreat.
Barbed wire rolled out in the Sumy region ahead of expected fighting
Tank traps in the Sumy region
Sasha and his men are realistic about support fatigue from the outside world but will keep fighting to the last if they have to.
“I understand this is only our problem, it’s only our issue, and we have to fight this battle, like we have to defend ourselves, it’s our responsibility,” Sasha said.
But he points out everyone should realise just how critical this moment in time is.
“If we look at it widely, we have to understand that us losing will be not only our problem, but it will be for all the world.”
Stuart Ramsay reports from northeastern Ukraine with camera operator Toby Nash, and producers Dominique Van Heerden, Azad Safarov, and Nick Davenport.
A weather warning has been issued for parts of Spain, as the country counts the cost of recent flooding.
The orange warnings are in place for parts of southwestern Spain – the area around Seville down towards Gibraltar.
Up to 8cm (3ins) of rain could fall within 12 hours, but the weekend looks much more settled in the country.
The latest warnings come just two weeks after flash flooding in Valencia and other parts of the country killed more than 200 people.
Malaga saw 14.2cm (5.6ins) of rainfall on Wednesday – Spain’s highest of the day – most of which fell in six hours.
All train services were halted in Malaga. Some flights have now resumed after the initial disruption.
Pic: Jamie Marchant
Emergency services in the province have moved 3,000 people from homes at risk of flooding close to the Guadalhorce River in the west of the city.
Jamie Marchant, 29, from Caerphilly in South Wales travelled to Malaga last Wednesday.
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He told Sky News that “debris” had been left behind by the recent rainfall in the region.
“Everyone is pitching in to clean up and some shops are opening as usual,” he added.
Orange warnings for the Valencia region in eastern Spain expired earlier on Thursday.
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The adverse weather could lead to total insured losses of more than €4bn (£3.33bn), according to credit rating agency Morningstar DBRS.
Much of the claims are expected to be covered by the Spanish government’s insurance pool, the agency said, but insurance premiums are likely to increase.
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