Modi Govt cracks the whip on illegal online sale of walkie-talkies

The Central Consumer Protection Authority (CCPA), operating under the Ministry of Consumer Affairs, Food & Public Distribution, has announced new 'Guidelines for the Prevention and Regulation of Illegal Listing and Sale of Radio Equipment including Walkie Talkies on E-Commerce Platforms, 2025."

These guidelines aim to curb the unauthorized sale of wireless devices that pose risks to consumer safety, mislead buyers, and could interfere with critical communication networks, including those used by law enforcement and emergency services.

The comprehensive guidelines, accessible on the Department's website, were finalized after extensive inter-ministerial consultations with the Department of Telecommunications (DoT) and the Ministry of Home Affairs (MHA). Key regulatory and security considerations from both departments have been incorporated to ensure a coordinated and robust framework.

The CCPA observed a concerning trend where walkie-talkies were being sold on e-commerce platforms without mandatory and clear disclosures. Product listings often failed to specify whether a wireless operating license was required or to comply with applicable laws

The authority noted that "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 provisions of the new guidelines

The newly notified guidelines introduce several crucial mandates:

* Authorized and Compliant Listings: Only walkie-talkie devices that are authorized and compliant, operating on permitted frequencies, are allowed to be listed for sale on online platforms.

* Detailed Product Information: Product listings must now explicitly state frequency ranges and other technical parameters. They must also include proof of regulatory approval, such as Equipment Type Approval (ETA).

* E-commerce Due Diligence: E-commerce entities are required to undertake due diligence to verify regulatory compliance, including licensing where applicable. Listings found lacking frequency information or necessary certification should be promptly taken down.

* Prohibition of Misleading Advertisements: The guidelines strictly prohibit misleading advertisements or product descriptions that could misinform consumers about the legal usage of such devices.

* Seller Responsibility: Sellers must ensure that equipment listed for sale does not operate on frequencies that are not exempted from the requirement of frequency assignment and authorization by DoT, and that frequency bands on product descriptions are clearly labeled.

* Penalties and Enforcement: The guidelines outline penalties and enforcement mechanisms for violations in accordance with the Consumer Protection Act, 2019.

CCPA's objectives and ongoing monitoring

With these guidelines, the CCPA 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 CCPA had previously taken action against leading digital marketplaces, issuing thirteen notices against 16,970 product listings for walkie-talkies that lacked proper frequency disclosure, licensing information, or ETA, deeming them violations of the Consumer Protection Act, 2019. The authority emphasized that these platforms remain under constant monitoring and examination, in addition to the notification of these new guidelines.