Page:Tickle v Giggle for Girls Pty Ltd (No 2).pdf/87

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no evidence capable of proving a sufficient nexus exists between these posts and the conduct of the respondents. There is no evidence, for example, that the respondents called for such comments to be sent, or said or did anything specific to cause that to happen. The link between the offensive public comments and the conduct of the respondents is tenuous at best. Ms Tickle does not point to any clear basis on which such a link can be inferred. I am unable to accept that this causal link has been established by mere assertion.

258 In a separate annexure, Ms Tickle also refers to an Etsy shopfront operated by an unknown person that sold merchandise in support of Giggle, including products such as T-shirts and mugs printed with the slogan Team Giggle, with nothing more, let alone anything overtly offensive. Ms Grover gave evidence that the profits from these Team Giggle products went to the crowdfunding for the respondents' legal team. The shopfront also included other products that, in the context of other products expressing support for Giggle, were likely referencing Ms Tickle or transgender people more generally. As they are offensive, I do not see any need to reproduce the messages or portrayals, as that may encourage further dissemination. One is worse than the rest in terms of offensiveness, but again I choose not to replicate it.

259 Ms Grover gave evidence that she was aware of the Team Giggle T-shirts that were sold, and the operator of the shopfront was a friend who had asked her permission to raise funds for the respondents' legal fees through selling Team Giggle products. Ms Grover said that she had purchased that Team Giggle T-shirt but had not further perused the store. She had posted on Twitter encouraging her supporters to buy the Team Giggle T-shirt, including a link to that product. She had also re-posted a post promoting other kinds of Team Giggle merchandise, also apparently including a link to the Team Giggle T-shirt product page.

260 I do not accept that the products printed only with Team Giggle and nothing more caused further hurt to the applicant. Certainly, there is no evidence to that effect from Ms Tickle. Their existence could not indicate anything further than what was already known to the applicant, which was that supporters of the respondents existed. The more offensive item lacked a sufficient nexus with the respondents' conduct. Ms Grover did not promote that product to her followers, and the suggestion that she is somehow responsible for it because she could have asked for the product to be taken down, perhaps with no effect, is a tenuous link. The other products in the shopfront might have been capable of causing further hurt to Ms Tickle, but again the selling of these products lacked a sufficient nexus with the conduct of


Tickle v Giggle for Girls Pty Ltd (No 2) [2024] FCA 960
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