Australian court rules in landmark case that asked 'what is a woman?' |Dailymotion viral videos
Roxanne Tickle (centre) won a landmark discrimination case against a women-only social media app
Transcript
00:00A transgender woman from Australia has won a discrimination case against a women-only
00:05social media app after she was denied access on the basis of being male.
00:10The federal court found that although Roxanne Tickle had not been directly discriminated against,
00:15she was a victim of indirect discrimination, which refers to when a decision disadvantages
00:20a person with a particular attribute, and ordered the app to pay her A$10,000,
00:26$6,700, £5,100 plus costs. It's a landmark ruling when it comes to gender identity,
00:35and at the very heart of the case was the ever more contentious question,
00:39what is a woman? In 2021, Tickle downloaded, Giggle for Girls, an app marketed as an online
00:46refuge where women could share their experiences in a safe space, and where men were not allowed.
00:52In order to gain access, she had to upload a selfie to prove she was a woman,
00:57which was assessed by gender recognition software designed to screen out men.
01:02However, seven months later, after successfully joining the platform, her membership was revoked.
01:09As someone who identifies as a woman, Tickle claimed she was legally entitled to use services
01:14meant for women, and that she was discriminated against based on her gender identity.
01:20She sued the social media platform, as well as its CEO Saul Grover, and sought damages amounting
01:26to A$200,000, claiming that, persistent misgendering by Grover had prompted,
01:32constant anxiety and occasional suicidal thoughts. Grover's public statements about
01:38me and this case have been distressing, demoralizing, embarrassing, draining and
01:42hurtful. This has led to individuals posting hateful comments towards me online and indirectly
01:48inciting others to do the same, Tickle said in an affidavit.
01:53Giggle's legal team argued throughout the case that sex is a biological concept.
01:58They freely concede that Tickle was discriminated against, but on the grounds of sex, rather than
02:04gender identity. Refusing to allow Tickle to use the app constituted lawful sex discrimination,
02:10they say. The app is designed to exclude men, and because its founder perceives Tickle to be male,
02:17she argues that denying her access to the app was lawful.