The rollout of the 5G mobile phone network has been hit by a legal challenge over the safety of its EMF (electromagnetic field) radiation.
Governments have a duty of care to tell the public of any possible health hazards—and the UK’s highest court agrees there is a case to answer.
The Court of Appeal has concluded that the UK government is in potential breach of the Human Rights Act 1998 and of the European Convention on Human Rights “by omissions and failings in violation of the positive obligations to protect human life, health and dignity.”
The government had been challenged by the pressure group, Action Against 5G, which funded its legal appeal from public donations. It recruited leading civil rights lawyer Michael Mansfield to present its case at the Royal Courts of Justice.
Representatives of the UK government had argued that it was not under any obligation to inform the public of any risks from RFR (radio-frequency radiation), and that, in any case, the new network didn’t pose any risk to human health.
The government based its position on safety guidelines that had been recommended by the ICNIRP (International Commission on Non-Ionising Radiation Protection) in 2020. It had concluded that RFRs were harmful only when human tissue is heated, even though other studies have demonstrated there can be adverse effects at far lower temperatures.
However, the commission also states that very little quality research has been carried out, and Mr Mansfield argued that a lack of evidence is not the same as stating that the network is safe. He said that the government has a duty to outline the full spectrum of risk from EMFs, whether or not the risk was substantiated, and it should set up a proper review body that would collate and investigate cases of adverse reactions.
