The recent arrest and charging of a 21-year-old Black woman in the UK for using the AAVE term Nigga in a private Twitter conversation marks a disturbing and radical shift in the enforcement of the Malicious Communications Act of 1988. This heavy-handed approach not only criminalises Black people for their language use but also highlights the Crown Prosecution Service (CPS)’s disregard of Black culture and lack of understanding of linguistic justice.
BLAM UK condemns this action unequivocally. We do not support the criminalisation of Black people for their language use, particularly when that language reflects their cultural identity. BLAM’s work focuses on fighting for the rights and recognition of Black people, including advocating for linguistic justice, and addressing systemic racism.
What is linguistic Justice
Linguistic justice for Black people involves recognising Black languages, such as African American Vernacular English and Black British English, as valid forms of communication. Promoting the value and richness of Black linguistic traditions in schools, media, and public spaces, and supporting Black people’s right to use their language without facing negative judgments or consequences. In the case of the 21-year-old Black woman it means not being arrested for using a word that is historically and culturally relevant to her Black experience.
This isn’t the first time that a Black language has been criminalised or dismissed within the law. In the case of the State of Florida vs George Zimmerman, Rachel Jeantel was a leading prosecution witness, however her evidence was dismissed due to her speaking AAVE. In another case in the United Kingdom a witness who spoke Jamaican Creole (Or Patois) had his witness statement mistranscribed which could’ve had dire consequences for the witness. There are several cases like these all over the world. The dismissal of Black languages as a real or an appropriate language is rooted in racism and in language supremacy. Furthermore the arrest of the 21-year-old Black woman takes this form of linguistic racism to the extreme by criminalising language use which is also a breach of her human right to to take part in cultural life and activities and express her culture through language.
BLAM UK’s Action
We wrote to the CPS, and their response to our Freedom of Information request makes it clear that they do not recognise the term “linguistic justice,” revealing a deep-seated ignorance and unwillingness to engage with the cultural nuances of Black British English and African American Vernacular English.
BLAM UK issued a Freedom of Information request to the CPS in June 2024 and the response we received illustrates their lack of accountability and transparency around linguistic justice and the use of the Malicious Communications Act 1988 for particular offences. When asked, the CPS stated they did not have information collated regarding the conviction rate for charges under both the Malicious Communications Act 1988 and the Communications Act 2003, nor did they have the breakdown of the race or ethnicity of the offenders convicted based on these Acts. The CPS also stated that they were not obligated to give BLAM some of the data requested as the cost of compiling this information would exceed the appropriate limit for central government which is set at £800. The inability and refusal to provide comprehensive data on the prosecution of minoritised under hate speech laws show the CPS lacks accountability when reviewing how hate speech laws are used and who they are used against. The arrest of Jamila Abdi is not an isolated incident but part of a broader pattern of discriminatory policing and prosecution that targets Black and minoritised communities disproportionately in the UK.
Additionally, we wrote an open letter to the Metropolitan Police as their actions are not only discriminatory but also confusing. As whilst being questioned police officers were also using the N-word, this could also be seen as an offence under the Malicious Communications Act as the police officers in question were in a position of power when using the word in front of the arrestee.
We demand that the CPS and law enforcement agencies stop these unjust practices immediately. The targeting and criminalisation of Black individuals for their language is an affront to justice and equality. We stand firm in our commitment to advocate for true linguistic justice and the protection of Black linguistic expressions. The CPS’s actions are a direct contradiction of the principles of fairness and justice they claim to uphold.
Closing remarks
In conclusion, the case of Jamila Abdi’s arrest for using AAVE in a private conversation illustrates the urgent need for linguistic justice and the protection of Black people’s right to expression. This incident is not isolated but part of a broader, deeply concerning pattern of discrimination against Black languages and cultural expressions. It is important that law authorities such as the CPS take real steps to understand linguistic justice and incorporate linguistic justice practices moving forward in order to ensure that Black languages are not criminalised.
BLAM UK
BLAM UK CIC 