New guidance on covering sex and gender identity has been branded “an exercise in fence-sitting” by a journalism trainer.

Amy Binns, whose own guidance on covering court cases involving transgender defendants was removed by the University of Central Lancashire following “a number of complaints”, has shared her concerns about fresh guidelines from the Independent Press Standards Organisation.

The new guidance, which does not insist that chosen pronouns should be used in all cases, or that previous gender identities cannot be reported, has been published after a four-week consultation which was open to anyone interested in the topic.

People from the LGBT+ community, journalists, academics, civil servants and people who work within the charity sector submitted detailed responses to the consultation, along with members of the public.

Its key points are:

• The press should not make pejorative or prejudicial reference to an individual’s sex or gender identity.
• Journalists may use various methods to ensure coverage of sex and gender identity is accurate. This may include, but is not limited to, providing information, presenting different opinions where relevant, and approaching second sources.
• Journalists should consider whether information about an individual’s gender identity is genuinely relevant to an article. – Examples of relevance could be where a quote needs to be contextualised or to explain the inclusion of a source.
• Language relating to gender and identity is nuanced. Journalists should take care not to publish inaccurate and misleading information.
• It is important that journalists can report on children and the issues they are facing. The Code says that children should be free to complete their time at school without unnecessary press intrusion. Consent is required from a child’s parent or legal guardian for the publication of interviews or photographs where the child’s welfare is involved.

Earlier this year, Amy welcomed draft guidance by IPSO which contained specific advice for newsrooms on covering court cases involving transgender and gender-diverse defendants.

That document encouraged journalists to take account of the legal gender of transgender defendants at the time they committed their crimes.

Discussing the new guidance, Amy told HTFP: “In many ways, the new IPSO guidance on sex and gender identity is not guidance. It gives editors a series of factors to consider when writing on transgender issues, but leaves them to come up with the answers as to how to phrase their reports for themselves. It’s an exercise in fence-sitting.

“However, though it won’t do much to help editors or journalists report accurately or fairly, neither does it put barriers up in the way of accurate or fair reporting.

“This guidance frees journalists to report as they see fit in individual cases, acknowledging the complexity and variation of the situations they may face.

“It does not insist that chosen pronouns should be used in all cases, or that previous identities cannot be given.

“I am deeply concerned that defendants’ previous identities should be made clear by the press if there it is likely to encourage other victims or witnesses to come forward.

“Sex offenders should not be enabled by the media to hide behind new identities, even if they are permitted to do so by some judges.”

Amy also touched on controversy surrounding the case of Isla Bryson, who as Adam Graham raped two women before transitioning to a woman and initially being remanded in a women-only prison.

She added: “Regarding court reporting, it acknowledges for the first time that defendants’ gender identity may be different from the time of the crime. This reflects cases such as convicted rapist Isla Bryson, who was known as Adam Graham when arrested, and who transitioned prior to trial.”

Jane Debois, head of standards and regulation at IPSO, said: “Engagement with journalists, advisory groups and IPSO committees revealed the plurality of opinions held and the challenges faced when reporting on sex and gender identity.

“This non-binding guidance is intended to support journalists and editors in the reporting of sex and gender identity, understand how the Editors’ Code of Practice is applied and to raise editorial standards in this area of reporting.”