Page:Tickle v Giggle for Girls Pty Ltd (No 2).pdf/88

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the respondents. Ms Grover did not promote such products, and it was not established by evidence that she even knew of their existence.

Posts by Ms Grover

261 Ms Tickle also refers to further harm caused by Ms Grover's comments about her and the proceeding, which are included as annexures to her affidavit. They can be grouped in two general categories: comments alleging the Ms Tickle harassed Ms Grover, and comments that Ms Tickle is a man. I note that she also annexed other posts by Ms Grover that discuss transgender women more generally with no reference to the present proceeding or Ms Tickle, but does not refer to these in the text of her affidavit. Given there is no evidence of any loss or damage that might have been caused by these posts, I do not discuss those further.

262 The first difficulty for this part of the claimed basis for aggravated damages is that the evidence of the loss or harm caused by Ms Grover's personal statements is difficult to distinguish from that caused by posts and messages of her supporters. Given the findings made above, that is a significant challenge for an award of aggravated damages. It is useful to restate the portions relied upon in turn and in full, and then address each.

263 Part of [39] of Ms Tickle's affidavit states:

Ms Grover's online posts reach large domestic and international audiences, which has led to the scale of online hate towards me being enormous. This has consumed my life outside of my work and sport, which has led to me experiencing constant anxiety and occasional suicidal thoughts.

264 In the second sentence of [39], the word "This" must be read as referring to the scale of online hate, rather than Ms Grover's posts, as it refers to a singular object rather than a plural one. I find this portion of Ms Tickle's evidence to then be referring to the harm done by the posts made by persons other than Ms Grover, and therefore incapable of founding an award of damages.

265 Part of [41] of Ms Tickle's affidavit states:

Ms Grover's actions and the online hate I have received from her supporters, who are actively working towards stopping me from living as a woman, compounds my extant anxiety.

266 In [41], the asserted cause of the compounding of Ms Tickle's extant anxiety is both Ms Grover's actions and those of persons Ms Tickle believes to be Ms Grover's supporters. It is not clear whether this refers to the decision to remove Ms Tickle from the Giggle App, the subsequent posts or her legal response to Ms Tickle's AHRC complaint. It is impossible to


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