Pahalgam effect? India notifies guidelines for walkie-talkie, radio equipment sale on e-com sites

India’s Central Consumer Protection Authority (CCPA) on Friday (May 30) notified guidelines for “prevention and regulation of illegal listing and sale of radio equipment” on e-commerce platforms. A press release issued by the Department of Consumer Affairs said the guidelines have been issued to curb the unauthorised sale of wireless devices, including radio equipment, that may pose risks to consumer safety.

The press release warned that these devices may also “mislead consumers regarding their legal position and interfere with critical communication networks, including those used by law enforcement and emergency services.”

The CCPA issued these guidelines after consultations with the Department of Telecommunications (DoT) and the Ministry of Home Affairs (MHA).

Concerns expressed by the CCPA

The Indian government body expressed concerns over walkie-talkies being sold on e-commerce platforms without making it clear that they might need a wireless operating license or must follow certain laws.

The product listings do not mention if a license from the relevant authority is required.

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Important details like frequency range, licensing requirements under the Indian Telegraph Act, 1885, or the Wireless Telegraphy Act, 1933, and the Low Power, Very Low Power Short Range Radio Frequency Devices (Exemption from Licensing Requirement) Rules, 2018, are missing.

This can mislead consumers into thinking that these devices can be used freely by anyone.

Key highlights of the guidelines

Following are the key highlights of the guidelines as spelled out by the press release.

• 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 do not operate on frequencies which are not exempted from requirement of frequency assignment and authorisation 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.

This comes after the CCPA in early May issued notices to 12 e-commerce platforms, including Amazon, Flipkart, Meesho, OLX, TradeIndia, Facebook, Indiamart and VardaanMart, over the sale of walkie-talkies and radio equipment.

“A preliminary analysis further revealed an alarming volume of such listings across these platforms, including approximately 467 listings on Amazon, 314 on Flipkart, 489 on Meesho, and 423 on TradeIndia, indicating the widespread scale of the issue, " the statement from the Consumer Affairs Ministry then said.

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Pahalgam effect

The move comes in the wake of increased security tensions in India, especially in the Union Territory of Jammu and Kashmir, after the deadly terrorist attack in Pahalgam on April 22.

There are concerns that terrorists or extremist elements might misuse these equipment and devices for carrying out similar attacks targeting civilians or security forces in the region.