Art Not Evidence
How rap music is being used as evidence of wrongdoing in criminal trials
I caught some flak a week or two ago after explaining why I didn’t feel able to sign the artists letter defending Kneecap’s freedom of expression. Some took it to mean that I didn’t support the band’s call for an end to the genocide in Gaza. That’s not the case - my problem was with the wording of the letter. I understand that it may have appeared to some that I was arguing semantics while atrocities were being committed, but my genuine concern is that the artists were taking a position that could undermine future efforts to hold the Israeli government to account, which is surely not their intent.
I want to clear up this misunderstanding now because the news that Kneecap's Liam Óg Ó hAnnaidh has been charged with a terrorism offence by the Metropolitan Police requires me to post another comment in support of the band. This clarification will save a lot of time both for those people who have convinced themselves that I don’t support the band or recognise Israel’s genocidal behaviour, and save me from having to respond to their comments.
My problem with the artists letter was its assertion that freedom of expression is the only criteria that can be applied to questions of cultural endeavour, specifically this passage: “The question of agreeing with Kneecap’s political views is irrelevant: it is in the key interests of every artist that all creative expression be protected in a society that values culture and that this interference campaign is condemned and ridiculed.”
As someone who protested against Paul Simon when he brought his sanctions-busting Graceland tour to London in 1987, I find this demand for free speech absolutism to be counter-productive. The argument that artists must be free to do as they wish was used by Simon when seeking to justify recording in apartheid South Africa. Similarly, taking a stand against what critics might seek to portray as the ‘interference campaign’ of the Boycott, Divestment and Sanctions campaign was one of the justifications that Nick Cave gave for performing in Israel in 2017.
And in the week after the artists letter appeared, Radiohead’s Johnny Greenwood had two UK concerts with Israeli musician Dudu Tessa cancelled after pressure from the BDS campaign. If your argument is based on the principle that an artist’s politics are irrelevant, that all that matters is that creative expression be protected, then you need to explain why this doesn’t apply to Greenwood and Tessa.
Because politics are relevant when dealing with an apartheid state, be it South Africa or Israel, and calling for a cultural boycott requires artists to place a limit on their freedom to do as they wish as an act of solidarity for a greater good. My criticism of the artists letter was solely regarding their failure to recognise this crucial point and the potential damage it could do to future campaigning.
And while I believe that being an artist doesn’t absolve you from taking responsibility for your actions, I do not believe that creative expression should be subject to criminal charges.
The charging of Kneecap's Liam Óg Ó hAnnaidh with a terrorism offence by the Metropolitan Police is the latest development of a disturbing and broader trend over the past few years during which the state has sought to criminalise creative expression. Since 2005, there have been over 100 cases in which prosecutors have put lyrics, music videos and audio recordings in front of juries to help secure criminal convictions.
Specifically, police and prosecutors have used the act of writing, performing, or even engaging with rap music to suggest motive, intention, or propensity for criminal behaviour. This is particularly prevalent in controversial "joint enterprise" and conspiracy cases, in which music, lyrics, and videos are used to drag multiple people into criminal charges, often under sweeping definitions of “gang” activity. This practice disproportionately affects young Black men and boys from under-resourced, marginalised communities.
Rap has always had a provocative edge and Kneecap are a radical part of that tradition. The fact that this prosecution has proceeded despite the band making it clear that they do not support Hamas or Hezbollah, and condemn all attacks on civilians, is illustrative of the manner in which the police are misrepresenting creative expression to suggest criminal activity. It’s a classic ‘gotcha’, a single instance of transgressive speech taken out of context and put before a jury to secure a conviction despite the lack of any corroborating evidence.
In a manifestation of institutional racism, Black men and boys continue to be stereotyped by police seeking to send them to prison for writing lyrics, performing songs, or in some cases simply having a provocative tune or video on their phone. Art Not Evidence are a campaign group calling for police and prosecutors to stop relying on irrelevant, unreliable, and highly prejudicial evidence in pursuit of convictions, for defence lawyers to challenge prosecutors and for judges to exclude such evidence. They are actively fighting for reform to the legal system to limit the admissibility of creative expression as evidence in the criminal courts.
You can support their efforts at artnotevidence.org
Well said Billy - you’ve obviously put much thought into your position.
The internet is great for blasting people we don’t agree with or perhaps aren’t virtuous enough.
What we SHOULD be doing is uniting under the core values/principles we agree on, not tripping up on the nuanced positions some allies may be taking .
Excellent points Billy. The same thoughtfulness and logic that drew me to your music originally back in the 80's continues to keep me engaged in politics and community concerns for justice all these years later. It's a shame that there aren't more voices like yours out there.