A 22-year-old black student in London has claimed that hate speech laws, originally designed to shield minorities, were improperly used against her after she faced charges for using the N-word on Twitter.
Jamila A was charged under the Communications Act 2003 in July 2023 after tweeting the word “nigga” in reference to Newcastle United footballer Alexander Isak, arguing that this variant of the term, commonly used in African American and black British English, is distinct from the more offensive version ending in “-er”.
Her tweet came to the attention of the authorities after being flagged by a data monitoring organisation and subsequently handed over to the Metropolitan Police.
The referral by the police to the Crown Prosecution Service (CPS) resulted in charges that sparked a legal challenge lasting 18 months. The CPS eventually dropped the case due to a lack of sufficient evidence to secure a conviction.
Jamila expressed to the Guardian that the prosecution targeted her for using language that felt natural to her cultural and linguistic identity as a black woman.
Highlighting the prevalence of the word in popular music and its widespread usage without consequence, she questioned the selective enforcement of the law.
The police alerted Jamila to the issue when they visited her home last summer. It wasn’t until she saw the tweet at the police station that she realized the nature of the allegations.
Her legal team, including barrister Ife Thompson of Nexus Chambers and solicitor Ghislaine Sandoval of Hodge Jones & Allen, argued that the CPS had not adequately considered the cultural significance of the word when used with an “a” at the end, which is seen within black communities globally as a term of endearment and solidarity.
They also noted that no evidence was presented to demonstrate that the tweet was offensive or harmful, even to the recipient. A CPS spokesperson acknowledged that after thorough review, the evidence was insufficient to proceed with the case.
Jamila explained the historical context of the N-word, noting its reclamation by African Americans in the mid-20th century as a significant shift in its usage.
She argued that a similar reclamation had occurred among black Britons, facilitated by cultural exchanges with African Americans.
Reflecting on the broader implications, Thompson criticized the CPS and police for what he views as the inappropriate criminalization of Black linguistic expressions.
Jamila, addressing those opposed to any use of the N-word, maintained that her linguistic choices should not result in legal prosecution, especially when not intended as racial abuse.
