
"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.
The Switch 1’s software was completely impenetrable. The only reason we got homebrew at all was the unpatchable hardware hole in Nvidia’s Tegra. Even now, to hack a Switch without that exploit requires a hard mod.
Nintendo tends to be pretty proactive with shutting hardmods down. How ‘public’ does it have to be to count?