particular Giggle email address were "primarily from a flood of male abuse", and they would at times receive hundreds or even thousands of emails from "males" which they routinely deleted or did not read as they could not have done so, presumably due to the sheer volume. The apparent inconsistency, or at least ambiguity in that evidence was not explored in cross-examination.
105 Ms Grover gave evidence that female users' issues would be dealt with through an in-App messaging system. Once a user had been blocked, however, any in-App communications made by them would not be received. As she put it, if an in-App communication were made by Ms Tickle after being blocked, the communication would not have been received by the Giggle team "because the front end of the App was no longer connected to the backend of the App".
106 The Giggle App was taken offline in August 2022. It was not operational or available for purchase on the Google Play or the Apple App stores at the time of the trial. Ms Grover gives a number of reasons for shutting down the Giggle App. Those reasons are relevant for the purpose of assessing the likelihood of that stance changing. The gist of Ms Grover's reasons was that, in July 2022, the App had received an inundation of users she describes as male, who had left one-star app reviews, and while she hoped that this manifestation of what she described as the "culture wars" would blow over, it did not.
107 Ms Grover's affidavit evidence states that until Giggle can be certain it is legal for the Giggle App to operate to the exclusion of all males which, she evidently considers to include Ms Tickle, the Giggle App will not be reopened. Ms Grover agreed in evidence that the Giggle App was, at the time of trial, being rebuilt, but did not recant from, nor was she challenged about, the intention not to resume the Giggle App unless a continuation of what had taken place before was found to be lawful. The practical effect of this is that if Ms Tickle succeeded in either of her claims of gender identity discrimination, then the Giggle App, Ms Grover and therefore Giggle were determined not to reinstate the Giggle App. This is relevant to the relief of restoration to the Giggle App sought by Ms Tickle.
(d) The removal of Ms Tickle from the Giggle App
(i) Background
108 On 14 and 15 January 2021, Ms Tickle interacted with Ms Grover for the first time on Twitter (the social media platform now known as X). The two expressed disagreement over female-only spaces, specifically in relation to the McIver's Ladies Baths, a women and children-only
