French authorities have received a software update from Apple for its iPhone 12 and are reviewing it, a source at the French digital ministry told Reuters on Tuesday. The U.S. tech giant pledged to update the software in order to defuse a row over radiation levels from the three-year-old phone, after France suspended sales of the handsets earlier this month following tests it said found breaches of radiation exposure limits.
The French watchdog Agence Nationale des Frequences (ANFR) told Apple it had failed to meet European limits for Specific Absorption Rates, or SAR, which are set to prevent overexposure to radio frequency energy emitted by mobile phones. The ANFR ordered Apple to stop selling the iPhone 12 and provide a fix within three months or face a recall.
Apple has fought back against the claims, saying the results were an artefact of the testing regime and it would release a software update to adjust for that. The company also argued the radiation levels were well below those that have been shown to cause harm to users and said it would retest its products in the future.
Nevertheless, it has now promised to implement an update for users in France within days and a French digital minister has called on other EU countries to demand similar updates. France has the power to impose restrictions on the iPhone 12 in other member states, as part of an EU directive that regulates radio equipment and human exposure to electromagnetic waves.
But it is a rare move that could potentially open the door to a wider investigation of the impact on consumer health, and even potential product liability suits against Apple if users suffered illness or injury as a result. Other governments including Germany and Italy are in touch with France to find a common solution and Italian sources have told Reuters that they plan to ask Apple for a software update for the iPhone 12.
As it is not an easy task, some companies may decide to simply recall its affected smartphones. That option would be costly, but it would avoid the risk of a public relations disaster and the ensuing legal battles that could follow.
The European Union’s safety watchdog has already questioned the ANFR’s decision to restrict sales of the iPhone 12, and a ruling on the matter is expected in mid-November. A spokesman for the Commission said that the bloc’s 27 other member states can object to France’s restriction, but if they do not, it could lead to an EU-wide ban on sales of the iPhone 12, which has more than 1 million pre-orders in France. That would be a much bigger setback for Apple than if the issue was restricted to France alone. Despite the controversy, there is no evidence of any long-term effects on human health from exposure to electromagnetic radiation, according to multiple government agencies. That includes the ANFR, which has warned people not to use the device while charging or charging it near sensitive items such as pacemakers.
