The Central Consumer Protection Authority (CCPA) under the Ministry of Consumer Affairs, Food and 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.

These guidelines have been notified to curb the unauthorised 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.

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The guidelines were finalised following extensive inter-ministerial consultations with the Department of Telecommunications (DoT) and the Ministry of Home Affairs (MHA). Both departments ‘ key regulatory and security considerations have been incorporated into the final framework to ensure a coordinated and comprehensive approach.

It was observed that walkie-talkies were 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.

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 exempt from the requirement of frequency assignment and authorization by DOT and ensure that the frequency bands in the product description are clearly labelled; and
–Outlines penalties and enforcement mechanisms for violations of the Consumer Protection Act, 2019.