Journalists are being encouraged to take account of the legal gender of transgender defendants at the time they committed their crimes in proposed new guidance issued by the press watchdog.

The Independent Press Standards Organisation has published fresh draft guidance on reporting of sex and gender identity, which contains advice for newsrooms on covering court cases involving transgender and gender-diverse defendants.

The draft, on which views are currently being sought by both journalists and the wider public, uses case studies to illustrate how the Editors’ Code of Practice applies to what IPSO has called “this complex reporting area”.

It comes in the wake of the 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.

The draft guidance has been welcomed by Dr Amy Binns, pictured, whose guidance on covering court cases involving transgender defendants was removed by the University of Central Lancashire just days after it was published following “a number of complaints”.

In its own guidance on that subject, which can be found in full here, IPSO urges newsrooms to consider:

• The way that the defendant is identified in court, including the name used and the pronoun used by court officials and/or any witnesses
• Any guidance provided by the court about a defendant’s gender identity
• The nature of the alleged offence and whether the individual’s gender identity was relevant to the allegations
• The defendant’s gender identity at the time of the alleged criminal activity
• Any relevant public interest, including the public interest in protecting public health or safety in the face of a major incident

A section of the guidance entitled ‘Negotiating different views on how to describe someone’s gender identity’ adds: “The Code does not specify appropriate or acceptable terminology.

“It requires that any references to an individual’s sex or gender identity are accurate and not prejudicial or pejorative.

“When presenting comments as direct quotations, journalists should take care to report accurately what was said and consider whether consent from the interviewee is required if changes are made, to avoid misrepresenting an individual’s comments.

“Further, journalists and editors should consider the impact such changes may have on the interviewee.

“Where appropriate, journalists may wish to ask individuals how they prefer to be addressed or identified, or about their preferred terminology relating to other aspects of sex or gender identity.”

Welcoming the draft guidance, Amy said: “I am very pleased that IPSO has seen the necessity of updating their guidance on this very difficult and complex issue, and has consulted with various groups. I submitted my own research to them last year.

“I’m pleased that they recognise that coverage of trans issues no longer just concerns transgender groups, but also now impacts on society much more widely.

“My own research was specifically around the reporting of trans-identified defendants, and I’m pleased the draft guidance acknowledges this as a key theme.

“IPSO’s draft guidance asks editors to consider the wider context, including the defendant’s gender identity at the time of the alleged crime, the nature of the offence, and the public interest including in protecting public health and safety.

“This is vital because, as we have seen recently in the case of [convicted double rapist] Isla Bryson, defendants may change identity after arrest. This was a key issue identified in my paper.

“There is a strong public interest in clearly identifying such defendants to encourage other victims to come forward, rather than allowing offenders to hide behind a new identity.

“The IPSO draft guidance also asks journalists to consider if the terminology being used is likely to create a misleading or inaccurate impression.

“Again, this is vital in court reporting where there has been much criticism of the press, and abuse of individual journalists, for ascribing male crimes to women.”

IPSO’s consultation on the guidance is open until midday on Friday 10 March.

Jane Debois, head of standards and regulation at IPSO, said: “Sex and gender identity regularly features in the UK press and this non-binding guidance is intended to help understand how the Editors’ Code of Practice is applied in this area of reporting.

“Over the past nine months we have carried out extensive engagement with a wide range of interested groups, journalists, and publishers.

“The outcome is draft guidance designed to be a part of an editorial toolkit to support the decision-making process on stories about sex and gender identity. Like other IPSO guidance, its aim is to advise, not to prescribe, define, or limit choices made by journalists and editors.

“Most complaints to IPSO relate to accuracy (Clause 1). In this guidance, we have identified key themes to help editors navigate topics relating to the reporting of sex and gender identity.

“The guidance strikes a balance between freedom of expression and the rights of the individual not to face discrimination and intrusion.

“We are seeking views from people interested in this area to ensure we have the widest spectrum of opinion on the draft.”