"hacked" means being able to run homebrew games - as an arbitrary concrete example, it must be able to run a Chocolate Doom port https://github.com/lantus/chocolate-doom-nx . Running as javascript or wasm within the web browser doesn't count, it must involve arbitrary native code execution.

An unreleased or one-off hack performed by a security researcher doesn't count, it needs to be a publicly available hack, usable by hobbyists. Hardware hacks such as modchips still count.

"Flashcarts" that are only capable of playing existing commercial games do not count as homebrew.

Disclosure: I am myself a security researcher, who has contributed to the switch homebrew scene in the past. There's a good chance I'll end up working towards hacking the switch 2, too.