Guidelines for Prevention
and Regulation of Illegal Listing and Sale of Radio Equipment including Walkie Talkies
on E-Commerce Platforms, 2025 Notified
·
Department of Consumer Affairs Finalizes Guidelines
after Inter-ministerial consultation with Ministry of Home Affairs (MHA) and Department
of Telecommunication (DoT)
·
Central Consumer Protection Authority (CCPA)
Examines 16,970 Listings of such Devices and Issue Notices to e-Commerce
Platforms
The Central Consumer Protection Authority
(CCPA), under the Ministry of Consumer Affairs, Food & Public Distribution,
has notified Guidelines for the Prevention and Regulation of Illegal Listing
and Sale of Radio Equipment including Walkie Talkies on E-Commerce Platforms, 2025.
These guidelines have been notified
to curb the unauthorized sale of wireless devices that may pose risks to consumer
safety, mislead consumers regarding their legal position and interfere with critical
communication networks, including those used by law enforcement and emergency services.
These guidelines can be accessed on
the website of the Department through following link (https://consumeraffairs.nic.in/sites/default/files/file-uploads/latestnews/Guidelines_27052025.pdf).
The guidelines were finalized following
extensive inter-ministerial consultations with the Department of Telecommunications
(DoT) and the Ministry of Home Affairs (MHA). Key regulatory and security
considerations provided by both departments have been incorporated into the final
framework to ensure a coordinated and comprehensive approach.
It was observed that Walkie-talkies
are being sold on e-commerce platforms without mandatory and clear disclosures regarding
the requirement of a wireless operating license or compliance with applicable laws.
The product listings for walkie-talkies do not specify whether the device requires
a license from the concerned authority for use. The omission of details such as
frequency range, licensing obligations under the Indian Telegraph Act, 1885, or
the Wireless Telegraphy Act, 1933, and the Use of Low Power, Very Low Power Short
Range Radio Frequency Devices (Exemption from Licensing Requirement) Rules, 2018
and the potential legal consequences of unauthorized use, misleads consumers into
believing that the devices are freely operable by the general public.
Key highlights of the guidelines are as under:
·
Mandates that only authorized and compliant walkie-talkie devices operating
on permitted frequencies are listed for sale on online platforms.
·
Product listings
to specify frequency ranges and other technical parameters and include proof of
regulatory approval (Equipment Type Approval).
·
Requires e-commerce entities to undertake due diligence and verify regulatory
compliance, including licensing where applicable and listings lacking frequency
information or necessary certification should be taken down.
·
Prohibits misleading advertisements or product descriptions that may misinform
consumers about the legal usage of such devices.
·
Sellers should ensure that equipment listed for sale do not operate on frequencies
which are not exempted from requirement of frequency assignment and authorization
by DOT and ensure that the frequency bands on product description are clearly labelled
·
Outlines penalties and enforcement mechanisms for violations in accordance
with the Consumer Protection Act, 2019.
With these guidelines, the Department
aims to:
·
Ensure due diligence by platforms before listing such products;
·
Mandate verification of seller credentials and certification;
·
Introduce automated monitoring and takedown mechanisms for unauthorized listings;
·
Promote consumer awareness through proper disclosures; and
·
Enforce penalties and platform liability in case of non-compliance
The Central Consumer Protection Authority
(CCPA) had earlier issued thirteen notices against 16, 970 product listings to leading
digital marketplaces against the listing and sale of walkie-talkies on e-commerce
platforms without proper frequency disclosure, licensing information, or Equipment
Type Approval (ETA), thereby, constituting violation of the Consumer Protection
Act, 2019. These platforms are under constant monitoring and examination, in addition
to notification of the guidelines.