5G Legal Action - Help us secure a safer future
5G Legal Action - Help us secure a safer future
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Latest: March 27, 2021
JUDICIAL REVIEW PROCEEDINGS LODGED IN THE HIGH COURT
The Defendants are
THE SECRETARY OF STATE FOR HEALTH AND SOCIAL CARE:
THE SECRETARY OF STATE FOR THE ENVIRONMENT,
FOOD AND RURAL AFFAIRS:
THE SECRETARY OF STATE…Read more
The government's actions in authorising 5G are a breach of human rights. We are challenging the government to stop its unlawful action in failing to protect the public from the health risks from 5G technology which we all face through its rapid deployment.
The government has thus far failed to:
- take into account the extensive evidence showing that radiofrequency radiation from masts and wireless devices puts health and life at risk
- carry out a full and independent examination of the risks
- properly inform the public of the dangers so we can decide how to protect ourselves
- the government continues to adopt guidelines which the independent scientific research shows is unsafe for humans, animals, and the environment
Why does this case matter?
1) 5G will add significantly to the emissions we already have from mobile phone masts, mobile phones, Wi-Fi, wearable devices, smart meters, and other ‘smart’ devices.
2) This issue concerns all citizens.
3) The consequence of inaction could be serious and irreversible damage.
Who we are
We are individuals supported by many from all walks of life including doctors, scientists and engineers. We have joined forces with a strong team of lawyers headed by Michael Mansfield QC. Michael Mansfield has represented the families in the Grenfell Tower, Lockerbie, Hillsborough, Ballymurphy Massacre and Stephen Lawrence cases.
What are we aiming to achieve
Before 5G can be imposed on us all with potentially devastating effects on our health and the environment, we need:
- Proper independent reviews of all research into the health risks, and reviews of the science concerning the potential environmental impact
- An informed debate on the consequences of imposing 5G technology on humans and the environment
- A comprehensive environmental risk assessment examining the potential effects of 5G
- New guidance on, and regulation and monitoring of, the levels necessary to protect the public and biological life
Why do we want this?
The guidelines adopted by the government are not fit for purpose and are not safe. There is already a substantial body of evidence demonstrating that existing radiofrequency radiation is harmful to health. Currently, Public Health England sanctions limits which are orders of magnitude higher than in other countries.
People have a right to be informed about the risks and what they will be exposed to. There should also be a choice to opt out, particularly for children and other vulnerable groups.
We are not against the progression of technology but we do not consent to the imposition of technology at the risk of harming our health and potentially all biological life.
Exposure to radiofrequency radiation has been named as a future 'high impact risk' by Swiss Re. In their information to shareholders, telecommunications companies warn about potential loss of share value due to future litigation related to harm to health.
What is the next step in the case?
We have issued a letter before action to the Government. The next step is to apply to the High Court for permission to argue the case in full.
We need your help because this is a very large case for individuals to take on personally, and we need funding to pursue the claim, both for legal fees and costs. Our initial target of £50,000 will enable us to initiate the judicial review process after which we will continue to our stretch target that may be necessary to pay the costs of the Defendants should the case be lost or be appealed.
We are so grateful to you for reading this. Please pledge a donation if you can and share this page with your family, friends, colleagues and communities. This case has the potential to affect everyone, both in the UK and globally.
Please see our website actionagainst5g.org which includes links to peer reviewed science on health, wildlife and the environment.
March 27, 2021
JUDICIAL REVIEW PROCEEDINGS LODGED IN THE HIGH COURT
The Defendants are
THE SECRETARY OF STATE FOR HEALTH AND SOCIAL CARE:
THE SECRETARY OF STATE FOR THE ENVIRONMENT,
FOOD AND RURAL AFFAIRS:
THE SECRETARY OF STATE FOR DIGITAL CULTURE MEDIA AND SPORT:
The Claimants are represented by Michael Mansfield QC, Philip Rule and Lorna Hackett of Hackett & Dabbs LLP
The case concerns an important issue of public safety. It raises the risk to which members of the public, including particular vulnerable individuals, and children, are being exposed without having consented to or agreed to expose themselves to that risk; and without an adequate and proper consideration undertaken by the relevant safeguarding authorities of the creation of those man-made public health risks.
We provided documents containing evidence from a multitude of respected and eminent experts concerning the health effects of the technology used by 5G, and the attendant risks to the public and individuals, upon which the Defendants declined to act.
The Defendants cannot lawfully continue to ignore or overlook the evidence that indicates the existence of a risk that has not been quantified. To date there has been a failure to engage with this body of evidence, and an inappropriate attempt to delegate any assessment of risk to an external body – a body against which membership legitimate criticism of industry finance and conflict of interest is levelled.
The issues include:
- the absence of due investigation of the nature and extent of the risks to the safety of individuals, and human health by the relevant United Kingdom authorities;
- the absence of appropriate measures, systems and safeguarding steps to address the identified risks or potential risks; and
- a failure to adopt and apply a precautionary principle, or informed foresight, to the exposure of non-consenting children and adults to a risk of harm.
- The law provides a framework that demonstrates the unlawfulness of the inaction and errors of the executive bodies we have challenged.
- Holding to account the executive or legislative authorities to comply with the law and legal duties is undoubtedly a proper and essential function for the Court, especially in the context of protection of individuals from harm that includes loss of life or serious injury.
The grounds are:
The Defendants are in breach of section 6 of the Human Rights Act 1998 resulting from omissions and failings in violation of the positive obligations required to be met by Articles 2, 3 and/or 8 of the European Convention on Human Rights.
The Defendants have failed to consider the best interests of children when considering formulating, updating or reviewing the appropriate approach to 5G policy and risk assessment for exposed children. In the alternative, they have failed to make this a primary consideration.
The Defendants are in breach of the Public Sector Equality Duty (“PSED”) (s149 EA 2010). There has been no equality assessment, within the meaning and terms of the PSED, to properly inform and be considered in decisions as to the risk posed by RFR and affecting for example approval of 5G generally and/or of permissible locations of 5G and/or of the policy to adopt ICNIRP guidelines.
The SSHSC is in breach of his statutory duty under s2A of the National Health Service Act 2006, either resulting from (a) unlawful delegation or abdication of the statutory function to an external private organisation; and/or (b) irrationally failing to take appropriate steps under this power and/or failing to exercise a discretion in accordance with the statutory purpose.
The Defendants have failed to take into account as a relevant consideration, and give due and proper consideration to, all the evidence, information and concerns which we have raised with them.
The Defendants have failed to provide adequate and sufficient reasons for the decision not to establish a process to investigate and establish the adverse health effects and risks of adverse health effects from 5G technology and/or for discounting the risks presented by the evidence available.
THIS IS A LANDMARK CASE
The Claimants wish to thank all the many members of the public who have supported them including those that have written messages of encouragement, some of which have been heart wrenching; who watch our updates on progress and the thousands who have given donations in support of this legal action. It is for those who have written letters, signed petitions and campaigned, the scientists, doctors and engineers that have put their names to appeals and all the many who have supported our work. It is for those who remain puzzled or uninformed but feel unwell or develop any of the many symptoms that are associated with or worsened by radiation. And it is for our shared environment that does not have a say but for which we, as responsible citizens, are custodians.
Meanwhile our work continues in earnest, and we wish to thank all of you for your continuing support. We will issue further information as this matter progresses.
27th March 2021
Feb. 21, 2021
Case update 7
Our lawyers have asked the Government:
Why the Committee on Medical Aspects of Radiation in the Environment (COMARE) has decided not to review the available science and chosen instead to await a review by the WHO, the date of which is not known;
why PHE has chosen to ignore the compelling evidence that RFR and 5G are harmful which we submitted to them, from UK and abroad;
why the Government has failed to undertake any significant studies on the impact upon children of regular or continuous exposure to RFR;
or in relation to the effect upon those with disabilities, or medical conditions, or those with medical or surgical implants?
Where is the policy which demonstrates that the decision to roll out 5G has considered the public sector equality duty?
And taking into account those most vulnerable in our society, where is the UK’s competent authority charged with protecting the public from harm against RFR?
Thank you all so much for your continuing support, without which this vitally important work would not have been possible.
Dec. 1, 2020
Case update 6
Statement from the legal team.
In the process of preparing this case, we needed to investigate certain matters during which alarming and dramatic further evidence has come to light. This new information has had to be properly considered and methodically put into a proper format in consultation with several experts, which has taken substantial time and effort.
We have qualitatively moved from the threat of risk without proper assessment to the discovery by the claimants of actual damage being caused with every minute that goes by and a blatant failure by Government to recognise or respond to this by word or deed.
Thank you all for your patience whilst we have undertaken the necessary work.
Oct. 15, 2020
Case update - October 15th 2020
We have now written to the Government’s lawyers with information which we assert provides significant evidence that the roll out of 5G, on top of existing levels of RFR, is already causing physical harm.
We have provided the Government with case-specific scientific and medical evidence to support our claim, and have gathered witness testimony from people who have suffered serious adverse physical effects in areas where 5G is present.
We have also provided further submissions on the vast body of contemporaneous and emerging science which demonstrates that RFR is harmful to biological life and causes oxidative stress, which leads to risks to life, at much lower levels than those set by the International Commission on Non-Ionizing Radiation Protection (ICNIRP).
ICNIRP is neither a reliable nor responsible body; its links to industry and lack of independence are clearly defined. For that reason alone it is wholly unreasonable for the Secretary of State for Health and Social Care to continue to rely on this private organisation.
The roll out of 5G, on top of the RFR which pervades throughout modern life comprising 2G, 3G, 4G, and Wi-Fi, is being pursued despite there having been no or no adequate tests on whether it is safe. We have reiterated our significant concerns that it is not safe and that the Government should halt any further roll out until it is demonstrated as causing no harm to biological life.
We have reminded them that it is unreasonable and a breach of human rights for any Government to continue with the 5G roll out in these circumstances, and await their response which is due on or before 28th October.
We are very thankful for all your messages of support and your donations. It would be helpful if you can continue to share news of the case using the link to the crowdjustice page and our website actionagainst5g.org, especially with those who are not yet aware of the harmful effects of radiation from mobile phones, 3G/4G/5G masts, and Wi-Fi routers.
Sept. 3, 2020
Our legal case
Nothing should be more important to a responsible government than the safety and wellbeing of its citizens. But what do we have here? We have a government that admits that 5G is being tested by its deployment in ‘testbeds’ while contending that the increased radiation ‘should’ have no consequences for public health. ‘Should’ denotes no certainty. It signifies there are questions remaining.
The word ‘should’ is not appropriate when discussing health and safety. The government ‘should’ follow due process but it is not doing so.
The independent science has already shown that mobile radiation from masts and devices causes biological harm, including ‘clear evidence’ of cancer. The addition of 5G to the mix means both another layer of radiation on top of already toxic levels, in the form of low-frequency 5G, and new frequencies which have not been adequately tested, but which existing studies show can cause health issues.
We are litigating this issue. Our case against the UK government is that due process is not being followed, that the risks are being entirely disregarded. This is a national public health issue.
Dismissed by successive governments, the risk to health and safety is current, ongoing and will get worse.
Before we move towards the government’s ‘ambition’ to turn our existence into an ‘Internet of Things’, the need is urgent for a robust and thorough examination of the health repercussions.
Imposing 5G on an unsuspecting population amounts to an experiment when questions remain on the consequences to human health. Adopting a position of apparent ignorance is not excusable, it is indefensible when thousands of doctors and scientists have provided evidence of harm and signed countless appeals. Quite apart from the fact that the ICNIRP ‘guidance’ omits any reference to environmental or animal safety, here is a shortened version of the 1947 Nuremberg Code which states:
1. The voluntary consent of the human subject is absolutely essential.
This means that the person involved should have legal capacity to give consent; should be so situated as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, over-reaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved, as to enable him to make an understanding and enlightened decision. This latter element requires that, before the acceptance of an affirmative decision by the experimental subject, there should be made known to him the nature, duration, and purpose of the experiment; the method and means by which it is to be conducted; all inconveniences and hazards reasonably to be expected; and the effects upon his health or person, which may possibly come from his participation in the experiment.
The duty and responsibility for ascertaining the quality of the consent rests upon each individual who initiates, directs or engages in the experiment. It is a personal duty and responsibility which may not be delegated to another with impunity.
2. The experiment should be such as to yield fruitful results for the good of society, unprocurable by other methods or means of study, and not random and unnecessary in nature.
4. The experiment should be so conducted as to avoid all unnecessary physical and mental suffering and injury.
5. No experiment should be conducted, where there is an a priori reason to believe that death or disabling injury will occur; except, perhaps, in those experiments where the experimental physicians also serve as subjects.
6. The degree of risk to be taken should never exceed that determined by the humanitarian importance of the problem to be solved by the experiment.
7. Proper preparations should be made and adequate facilities provided to protect the experimental subject against even remote possibilities of injury, disability, or death.
8. The experiment should be conducted only by scientifically qualified persons. The highest degree of skill and care should be required through all stages of the experiment of those who conduct or engage in the experiment.
9. During the course of the experiment, the human subject should be at liberty to bring the experiment to an end, if he has reached the physical or mental state, where continuation of the experiment seemed to him to be impossible.
10. During the course of the experiment, the scientist in charge must be prepared to terminate the experiment at any stage, if he has probable cause to believe, in the exercise of the good faith, superior skill and careful judgment required of him, that a continuation of the experiment is likely to result in injury, disability, or death to the experimental subject.
"Trials of War Criminals before the Nuremberg Military Tribunals under Control Council Law No. 10", Vol. 2, pp. 181-182. Washington, D.C.: U.S. Government Printing Office, 1949.
With the emergence of 5G, we are faced with an exposure situation not accounted for by guidelines - where many emissions, of different structures (phase, waveform, frequency, etcetera) occur randomly and simultaneously and can even superimpose in ways that have significance for living systems.
Our legal case against the government maintains a focussed position in defining the core issue: Health and safety.
Aug. 19, 2020
Confusion in Europe over the impact of 5G on health and environment
Dear Friends and Supporters
Wow! What fantastic support and great comments, thank you all. As so many of you have correctly said, this is dangerous, untested and you do not want it for yourselves, your children or your grandchildren. And of course, you were not asked; it is being imposed by a very rich, and (apparently) very ignorant, but very persuasive industry in whose clutches we must assume our decision makers sit. What happened to democracy? And what happened to the mainstream media? (Rhetorical questions).
But we know that the industry does know because it has gone to a great deal of trouble keeping what it knows away from the public. And there are some quiet stirrings in the media. The radiation emissions from those huge masts will not be avoided no matter who you are, including those who refuse to write about it or want to believe it will not harm them.
How interesting that discussing the facts about health connections to radiation is considered dangerous. Dangerous to whom? If there are no dangers, why would the conversation be closed down?
The Council of the European Union, [Brussels, 9 June 2020 (OR. en), 8711/20 Shaping Europe's Digital Future - Council Conclusions (9 June 2020)] “EXPRESSES the importance of fighting against the spread of misinformation related to 5G networks, with special regard to false claims that such networks constitute a health threat …”
Given the quite remarkable attempts to close down all discussion, along with the gigantic masts appearing, it may slowly become apparent to those who have had no idea what is about to assault them, that something is very wrong.They may, with your help, learn a little more, especially when a recent briefing for the European Parliament in March 2020 states:
“Questions remain unanswered as to what 5G actually is, what it is for, whether it has impacts on human health and environment, whether it is secure…"
How can both the above statements be true? Either there are unanswered ‘questions’ or there are no questions but merely ‘misinformation’ and ‘false claims’. Which is it? One has to ask, does the European Union know what the briefing to the European Parliament is saying? How about our government?
So, although we have been quiet that does not mean inaction on our part. Tempting though it is to explore all the current concerns that so many of us share, we are staying focused on the parameters of our case against the levels of radio frequency radiation. Our legal team has the evidence and it is working with a global network of lawyers and scientific experts. The irradiation programme is global and the strategies employed are coordinated even though manifestly mismanaged as is evidenced by the above conflicting statements.
We will expose 5G for what it is. Stay with us, we’re on a mission. We have all of you to thank for your incredible support in words and for your generosity in funds. Blessings.
Actionagainst5g legal team.
July 13, 2020
Dear Amazing Supporters, huge thanks. Together we can achieve great things, this really is teamwork and your part in it is crucial and so very much appreciated.
As of today, thanks to your support with over £90,000 we are well on the way to our target of £150,000!
As a result, the case is progressing.
On May 22 2020 our legal team sent a Letter Before Action to the Secretary of State for Health and Social Care, Secretary of State for Environment, Health and Rural Affairs and the Secretary of State for Digital, Culture, Media and Sports. The Departments also received from the legal team A Review of the Health Risks of Radiofrequency Radiation Employed in 5G Technology and the Implications for UK Policymaking.
The Letter of Action and Review were the first steps stating that the government is in breach of our human rights by ignoring the evidence of harm associated with 5G. The evidence does not go away because it is not looked at. In fact, it grows day by day.
Our brilliant legal team, led by Michael Mansfield QC, continues to gather solid evidence. Reports and documents are meticulously and rigorously assembled. This careful preparation is the key to success and your patience with this process is much appreciated.
Please continue to share our website and bring this funding campaign to any who do not yet know about our legal action.
If you have a message offering help, we cannot access your details from this crowd justice page to thank you or respond so, again, please contact us directly at actionagainst5g.org.
We will be back in touch with updates as soon as they arise. Again, your patience as the wheels of justice turn, is much appreciated. Your comments are inspiring and encouraging, and we read every one. In the meantime, rest assured, progress is afoot.
We send you massive gratitude from all of us at actionagainst5g.
June 5, 2020
Thank you for all your support, please continue to donate
To all of you, a big thank you. Together your generous donations have now reached over £60,000. It’s very gratifying to see this level of support for this case that is so essential. Together we will go forward.
We welcome all your wonderful and generous messages, your contributions, information and good wishes; all of which have demonstrated to us your strength of feeling. They are incredibly encouraging.
The initial £50,000 was needed to secure the action. In the event of not achieving this target, all donations would have been returned and the case could not have proceeded.
We sent a letter before action to the Government last month. The Government lawyers have acknowledged our letter but have not substantively responded yet. Due to Covid-19 they asked for an extension, which we reluctantly accepted. In the meantime the legal team are working around the clock to prepare the case, assembling the expert research and collating evidence.
Our two junior barristers are working at half their normal hourly rate, which demonstrates their commitment, supported by a full time assistant, and we also have a full time legal researcher working pro bono. As we gather our funds towards £150,000 we will be continuing to develop our grounds and evidence for the case. Whilst we will be seeking an order which caps liability for the costs of the defendants in the event that we lose the case, we need to ensure that we are able to continue the claim in the event that this is not granted. This is why we need to continue to raise funds to meet our stretch target.
CrowdJustice data protection measures mean that we do not have access to full contact details for those of you who have donated and kindly offered to help us. If you would like a response, please use the Contact Us form on our website.
Your continuing support is vital, especially by reaching out to others who may know little, so please tell them and give them a link to our website and the Crowd justice page. With you supporting us we can achieve a new reality: one where our government pays attention.
With great thanks
From all at ActionAgainst 5G
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