Centre notifies guidelines for prevention and regulation of illegal listing and sale of radio equipment

India Gazette

a day ago

New Delhi [India], May 30 (ANI): 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.
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, the official statement said.
These guidelines can be accessed on the department website through the following link.
https://consumeraffairs.nic.in/sites/default/files/file-uploads/latestnews/Guidelines_27052025.pdf
The guidelines were finalised 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 for 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 authorised 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 does not operate on frequencies that are not exempt from the requirement of frequency assignment and authorisation by the DOT, and ensure that the frequency bands in the 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 platforms perform due diligence before listing such products.
*Mandate verification of seller credentials and certification.
*Introduce automated monitoring and takedown mechanisms for unauthorised listings.
*Promote consumer awareness through proper disclosures.
*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. (ANI)