Challenging the use of rap lyrics in court
Art Not Evidence - a coalition of lawyers, journalists, artists, academics, youth workers, music industry professionals and human rights campaigners working to fight the criminalisation of rap music in UK courts. Together, they are calling for law reform to restrict the use of creative expression as evidence in criminal trials.
WHY IS THE ART NOT EVIDENCE CAMPAIGN IMPORTANT?
For years, police and prosecutors have been misinterpreting rap music and presenting it as evidence against young Black people accused of committing crime. This often amounts to little more than using irrelevant and unreliable music lyrics and videos to bring negative stereotypes about young Black people and Black youth culture into the courtroom. In the UK, cases involving rap evidence extend back at least to the mid-2000s and research has found that between 2020-2023, rap was used as evidence in at least 70 cases involving 240 defendants. No other form of creative expression is routinely treated in this way.
HOW DOES THE USE OF MUSIC AND VIDEOS PLAY OUT IN COURT?
Rap music becomes evidence when police find lyrics and videos on phones, social media, or through proactive surveillance. The music may have been written, performed, or engaged with by a person accused of the crime. If the music has violent or criminal themes, or if it mentions the kind of crime under investigation, prosecutors may present it in court, to help suggest that the accused person committed the crime. They often employ a police officer as an 'expert' to interpret the lyrics and videos, even if they are not directly connected to the case.
Presenting music videos as evidence of gang association, even where the individual is not rapping in the video, is a common tactic in ‘joint enterprise’ prosecutions, where an individual can be convicted of a crime if they intentionally assisted or encouraged someone else to commit the crime. Drill music is admitted in court as ‘gang-related’ evidence of ‘bad character’ and ‘guilt by association’ - in ways that don’t just lack evidential weight, but also deny the artistic nature of the music - by setting it in a criminal justice context alone.
CAN'T JURIES BE TRUSTED TO DECIDE WHETHER RAP MUSIC IS EVIDENCE OF GUILT?
Those who are familiar with rap culture and conventions know that fact often gets mixed with fiction in rap music. It is filled with symbolism and metaphor. The music’s content is also greatly influenced by financial incentives. Violence sells and, for at least some fans, the more authentically violent an artist appears to be, the better. But to those who are not familiar with, or immersed in, rap culture, rap may appear dangerous, provocative, even scary.
All the more so when the genre is scapegoated by politicians and media as a cause of crime, as it has been for decades. All of this means that, unless the jury is composed of rap fans or is properly educated about rap music, there is a real risk that they will overestimate the value of rap as evidence of an actual crime, or that their decisions will be influenced by negative stereotypes concerning rap music.
HOW DOES THIS PROBLEM AFFECT ARTISTS?
The use of creative expression in criminal trials is just one example of how rap music is discriminated against and censored in the UK. Rappers continually fight against the removal of their music videos from YouTube and social media platforms, the (usually) last-minute cancellation of their live performances, as well as racism in the music industry.
In some cases, artists can be subjected to Gang Injunctions and Criminal Behaviour Orders that restrict their movements, associations, and ability to make and release music. You can learn more about this by watching the BBC documentary ‘Defending Digga D’.
Artists have also been punished for performing their music. Famously, Skengdo & AM were the first to receive a suspended sentence for performing their song ‘Attempted 1.0’.
HOW CAN I HELP?
Show support for our campaign by signing our open letter and following us on social media, sharing our posts or tagging your favourite artist to spread awareness.
We’re looking to collaborate with artists of all genres and disciplines, community groups, the music industry, and brands to achieve our goal of law reform to protect creative and artistic expression.
For answers to more questions, see our full FAQs or get in touch hello(at)artnotevidence.org
