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COVID-19 AND THE 5G SPECTRUM CONUNDRUM: THE LUDICROUS DECEPTION & CRIMINAL LIABILITY OF SPREADING FAKE NEWS

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The incendiary that has been generated in an attempt to unravel the cause of the deadly coronavirus (COVID 19) pandemic which has taken the lives of thousands of people across the world and perhaps has also taken the livelihood of millions of persons all over the world is not only unfathomable but also volatile.

There has been differing reasons attached to the cause of the coronavirus pandemic which among others include ‘the wrath of God’ ‘plans by the Chinese Government to topple the world economy’ ‘population control plans by some dark powers’.

Eccentrically, the most recent argument being propounded by some persons that there is definitely a link between the 5G spectrum and the coronavirus pandemic has demonstrated the devilish flexibility and cynical exploitability all in the attempt to finding a cause for the Coronavirus pandemic. The troubling fact is that nobody has shown, in any honest and convincing way, what the root cause of the strange Coronavirus pandemic is.

However, considering the side of the divide that Nigeria is, it suffices to note that time like this portends opportunity for some unscrupulous elements to inculcate fears into the minds of the vulnerable, especially the ignorant and the illiterate. It is on this backdrop that I am compelled to pensively and dispassionately analyze the issue under reference having made my research and had adequate consultations with persons in the technology, medical and other relevant fields.

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WHAT IS 5G?

5G is the 5th generation of mobile networks, an updated form of the present 4G LTE networks. 5G has been designed to meet the very large growth in data and connectivity of today’s modern society, the internet of things with billions of connected devices, and tomorrow’s innovations. 5G will initially operate in conjunction with existing 4G networks before evolving to fully standalone networks in subsequent releases and coverage expansions. In addition to delivering faster connections and greater capacity, a very important advantage of 5G is the fast response time as low as 1 millisecond.

Among several other benefits, 5G will provide the speed, low latency and connectivity to enable a new generation of applications, services and business opportunities that have not been seen before.

With the 5G, there is guaranteed real-time control of devices, industrial robotics, vehicle to vehicle communications and safety systems, autonomous driving and safer transport networks. Low latency communications also opens up a new world where remote medical care, procedures, and treatment are all possible.

5G also provides significantly faster data speeds and greater capacity keeping the world connected. New applications will include fixed wireless internet access for homes, outdoor broadcast applications without the need for broadcast vans, and greater connectivity for people on the move.

For communities, 5G will enable the connection of billions of devices for our smart cities, smart schools and smart homes, smart and safer vehicles, enhance health care and education, and provide a safer and more efficient place to live.

For businesses and industry, 5G will provide a wealth of data allowing them to gain insights into their operations like never before. Businesses will operate and make key decisions driven by data, innovate in agriculture, smart farms and manufacturing, paving the way for cost savings, better customer experience and long term growth.

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Similarly, new and emerging technologies such as virtual and augmented reality will be accessible by everyone. Virtual reality provides connected experiences that were not possible before. With 5G and VR you will be able to travel to your favourite city, watch a live football match with the feeling of being at the ground, or even be able to inspect real estate and walk through a new home all from the comfort of your couch.

Relationship between 5G and Coronavirus

On the issue of the relationship between 5G and Coronavirus, nothing can be more ludicrously deceptive. The choice of this moment to change the narrative against 5G makes it all too obvious. There has been a strategic campaign against the 5G technology driven by business and diplomacy and propagated by an orchestrated campaign to discredit the innovation.

The argument that the 5G might suppress the immune system and that viruses can communicate through radio waves is not backed with verifiable evidence and it should also be noted that countries which have not launched the 5G network and developing countries are also being affected by the deadly coronavirus.

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What is even more troubling is the fact that some politicians and particularly, a renowned televangelist and head of a popular congregation in Nigeria also linked the Coronavirus pandemic and 5G network to antichrist.

According to him, with the attention given to the vaccine because of fear and love for the 5th generation of wireless communications technologies, everyone will embrace it as a solution to their problems.

It suffices to note that televangelist is neither a medical doctor nor a technology expert. It is more amusing that he used a 4G network to condemn the 5G network that is an evolution of the 4G network.

Rumour peddlers will never cease on the face of the earth. It is pertinent to recall that in 1830, when the city of London wanted to install street lightning, they met with strong resistance from critics who believed the government wanted to interfere with God’s original plan of separating night from day. If the people of those days could have seen into the future, they would sure could have imagined the various evolutions since the installation of the street light which have not posed danger to human and animal lives.

In the circumstance, it is important to note that the 5G network was launched on the 1st of April 2019 in South Korea which is a period of over a year ago. Please note that the occurrence of Covid-19 in South Korea is relatively modest with the very first South Korean Covid-19 case in South Korea was reported in January of 2020. As at 1st of April 2020, there are 6,824 reported cases of Covid-19 in South Korea with 42 deaths.

Conversely, the first reported case of Covid-19 was discovered in China in November 2019 in Wuhan. However, Wuhan was not one of the cities where the 5G network was launched.

The most important point here is that those who should know have come out strongly to debunk them. The UK government yesterday came out with perhaps the strongest rebuttal of these figments of the fertile imagination of some self-styled scientists. “There is absolutely no credible evidence of a link between 5G and coronavirus,” the UK’s department of Digital, Culture, Media, and Sport (DCMS) tweeted, noting that “inaccurate information” was being spread online about 5G. The DCMS pointed to research debunking the supposed link between 5G and the coronavirus, as well as links discussing the actual cause of the infection — direct exposure to COVID-19 particles spread through physical contact, not radio waves.

Categorically speaking, there is no evidence that 5G networks are harmful to health. Like the previous generations of wireless network technology (4G, 3G and 2G), 5G mobile data is transmitted over radio waves. Other types of technology that use radio waves include smart meters, TV and radio transmitters, and radar and satellite communications.

5G Network and the Nigerian Technology Industry
While it is appropriate to draw attention to Section 18 of the 1999 Constitution (as amended) which provides that Government shall promote science and technology, The Nigerian Communications Commission (NCC) has also cleared the air on the fuss that has been generated by the theorist by stating that there is no correlation between 5G Technology and COVID-19.

It should be recalled that the NCC back in November 2019 approved trial test for 5G for a period of three (3) months, and the trial has been concluded and installation decommissioned. The trial among others was to study and observe any health or security challenges the 5G network might present. Relevant stakeholders including members of the security agencies were invited to participate during the trial. At present, though there is a spectrum for 5G network in Nigeria, it is not yet operative.

Legal Implication

As a Legal Practitioner, it is quite imperative to consider the legal implication of peddling fake news at such time like this.

While recognizing right to freedom of expression as contained in Section 39 of the 1999 Constitution of the Federal Republic of Nigeria, it must however be stated that allowing the continued peddling of fake news in an attempt to befuddle the minds and cause fear and intimidations to innocent citizens could degenerate into a breakdown of law and order, hence the imperative to curtail such heinous acts.

The Cybercrime Act has made sufficient provisions for curbing the spread of fake news in Nigeria.
Section 1 of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 provides as follows:

“any person who knowingly or intentionally sends a message or other matter by means of computer systems or network that:

…(b) he knows to be false, for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will, needless anxiety to another or causes any such message to be sent commits an offence under this Actand shall be liable on conviction to a fine of not more than ₦7,000,000.00 or imprisonment for a term of not more than 3 years or to both such fine and imprisonment”.

Similarly, Section 59 of the Criminal Code Act also makes adequate provisions, prohibiting the spread of fake news. It provides:

Any person who publishes or reproduces any statement, rumour or report which is likely to cause fear and alarm to the public or to disturb the public peace, knowing or having reason to believe that such statement, rumour or report is false, is guilty of a misdemeanour and liable on conviction to imprisonment for three years.

Conversely, it must also be stated clearly too that making such fallible and misleading statement in a bid to disrupt public peace and security may amount to incitement to commit violence which is punishable under the Law. See the case of Kaza v State (2008) LPELR- 1683 (SC).

The reaction of some Nigerians in the wake of the xenophobic attacks in South Africa which resulted in the destruction of goods and vandalization of properties of alleged South African investments in Nigeria easily comes to mind in this regard.

Conclusion

From whatever angle it is viewed, it is submitted that this is no time for red herrings and prevarications. It may be of interest to note that a TV remote control has greater infrared radiation than the 5G, yet, it cannot kill the least in the animal kingdom. For such a time as this, and on a lighter note, I do not think social and physical distancing are enough, some of these magsmen and rumor mongers also deserve mental distancing and criminal prosecution.

By Kayode Ajulo kayodeajulo@castleoflaw.com

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